ST TERESAS SCHOOL Vs. DISTRICT CONSUMER REDRESSAL FORUM

JUDGEMENT

(1.) In spite of service none appears on behalf of the respondent Nos. 2, 3 and 4 at the time when the application is taken up for hearing. The respondent No.1 is represented by its lawyer.

(2.) St. Teresa's School, Bolpur, in the District of Birbum is a coeducation English medium school. The said school has about 1,000 students upto Class IX. The school's prayer for grant of affiliation for allowing its students to appear in the Board's Examination under I.C.S.E. Board, New Delhi is pending for considering before the I.C.S.E Board, New Delhi.

(3.) The Government of West Bengal implemented the Fifth Pay Commission in 2009. One of the conditions which is required to be fulfilled by the school authority for granting no objection by the State Government in connection with its prayer for affiliation is that the school authority must undertake to pay the salary to its teaching and non-teaching staff as per the pay scale of the teaching and non-teaching staff of the Government school and/or the Government aided schools. With the implementation of the Fifth Pay Commission report the salary and the pay scales of the teaching and non-teaching staff in the schools in the West Bengal has substantially been increased. The school authority had to file an undertaking before the Government of West Bengal stating that it would pay its teaching and non- teaching staff at the pay scale of the Government of West Bengal based on the recommendation of the Pay Commission. The school authority had to file such undertaking before the State Government as the State Government has decided not to issue any no objection certificate for enabling the school to get affiliation from Indian School Certificate Examination, New Delhi. unless the school authority submits such undertaking before the State Government. On submission of such undertaking no objection certificate was granted by the State Government.