- (1.) The Court: This is an application in the nature of writ petition arising out of non-consideration of recognition of the Institution.
(2.) The impugned order under challenge is at page 264 of the writ petition being No. S/280 dated 19th September, 1997 being annexure 'W' to the writ petition whereunder the following grounds of refusal are set out: 1. The Classrooms are of 252 sq. ft. (18' x 14') in size which are very small in respect of the prescribed size. 2. Enrolment of School has been claimed to be 137 in 96/97 session but on the date of inspection only 86 students have been found which is far below for making the school a viable one. 3.There are at least four High Schools located within a distance of 5 & 6 k.m. from the proposed school and thus no new school is needed in the area. 4.The School is claiming to have been established in 1970, but the School purchased Kishan Bikash Patra of Rs. 5000/- only on 7.10.95 as its Reserve Fund instead of in the year 1970. 5.Teaching and non-teaching staff were appointed on and from 22.7.81 and thereafter this can be considered a conclusive evidence that the School is not being run from the 1975 at all."
(3.) According to Mr. Arun Prakash Sarkar, learned senior counsel, appearing in favour of the petitioners that the order of refusal is mechanical in nature and covered by a Division Bench judgment of this Court being 1998 (1) CLJ 141 (Nabadwip Chandra Das & Ors. v. West Bengal Board of Secondary Education & Ors.). In such well known judgment, in fact, the Division Bench of this court reiterated the principles laid down by the Hon'ble Supreme Court as reported in 1993(1) SCC 645 (Unni Krishnan v. State of Andhra Pradesh) to the extent of observation that the citizens have fundamental right of education as flowing from Article 21 the Constitution of India. Therefore, it is desirous that educational Institution should be given recognition and/or affiliation which is very lifeblood of a private Educational Institution and without such recognition if the studies in the private Educational Institution continues the same may be rendered infructous in effect to achieve the goal of education of the Students.;