Calcutta High Court (Appellete Side)
Jagadish Chandra Pal & Ors vs The State Of West Bengal & Ors on 10 September, 2018
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
1 10.09.2018
(PP) W. P. No.18592 (W) of 2006 Jagadish Chandra Pal & Ors.
Vs. The State of West Bengal & Ors.
Mr. Purna Ch. Paul Chowdhury .....for the petitioners.
Mr. Ram Mohan Pal ...for the State.
The writ petitioner no.1 claims to be the President of the Managing Committee of Sanksahar Junior High School (hereinafter referred to as the said school), the writ petitioner no.2 claims to be the Teacher-in-Charge of the said school, the writ petitioner nos.3, 4, 5 and 6 claim to be the Assistant Teachers of the said school and the writ petitioner no.7 claims to be the Clerk of the said school.
The writ petitioners challenge a report prepared by a District Level Inspection Team pursuant to an order passed by this Court on May 17, 2005 in WP 16755 (W) of 2000.
On perusal of the said order dated May 17, 2005 and the materials on record, it is found that the said school applied for recognition sometimes around 21st November, 1975. As no steps had been taken pursuant to such application, the writ petitioners approached this Court by filing a writ petition, being WP 1839 (W) of 1999, wherein by an order dated May 18, 1999, this Court, inter laia, 2 directed the District Inspector of Schools (S. E.), South 24-Parganas to send a District Level Inspecting Team for inspection of the said school to consider the prayer for recognition. The said inspecting team was directed to file their report within a month from the date of holding the inspection and submit the same with the District Inspector of Schools (S. E.), South 24-Parganas. The District Inspector of Schools (S. E.), South 24-Parganas, upon receiving such report, was directed to transmit all documents to the Director of School Education, who should consider such report and the comments of the District Inspector of Schools (S. E.), South 24-Parganas. The Director of School Education after receiving the report and considering the comments of the District Inspector of Schools (S. E.), South 24- Parganas on the question of recognition of the said school was directed to submit his report with the note of the District Inspector of Schools (S. E.), 24-Parganas and other relevant documents to the Education Department of the State of West Bengal. The Education Department, after considering the report, was directed to send their findings to the West Bengal Board of Secondary Education along with the report and other documents. The West Bengal Board of Secondary Education was directed to pass an appropriate order in accordance with law after considering the reports of the authorities concerned regarding recognition of the said school within a time frame. In terms of the said order dated May 18, 1999, there was an inspection 3 culminating into a report which was ultimately considered by the West Bengal Board of Secondary Education who declined to grant recognition to the said school. Challenging such rejection a second writ petition, being WP 16755 (W) of 2000, was filed which was disposed of by an order dated May 17, 2005, as aforesaid. The inspection team in the second round of inspection did not find any improvement in the infrastructure and, therefore, did not recommend for recognition of the school which decision has been ratified by the Executive Committee.
The writ petitioners allege that the inspection report prepared pursuant to the inspection held on 25th August, 2005, in terms of the order dated May 17, 2005, has not been done by a validly constituted inspection team. The petitioners allege that Memo No. 553-Edn(S) dated 26.4.1978 issued by the Special Secretary to Government of West Bengal provides for a Central Committee for screening the applications to recommend for recognition of schools from 1st January, 1978 or from subsequent academic session. In terms of the said memo, three persons nominated by the Board, the D.S.E., the D.D.P.I. (S.E.), the D.D.P.I. (S.E.W.) and three persons nominated by the Government should constitute such Central Committee. The said memo also speaks of a district level inspecting team consisting of D. I. of Schools (Secondary), a nominee from the Board and a nominee from the Government.
4
It is submitted by the petitioners that the report dated 25th August, 2005 is not signed by all the three members of the District Level Inspecting Team. It is further submitted that the District Level Inspecting Team forwarded their report to an Executive Committee, but there is no mention of such Executive Committee in the memo dated 26th April, 1978, which only speaks of a Central Committee. The petitioners submit that the report of the District Level Inspecting Team does not also take into consideration the true and correct facts and/or relevant facts prevailing at that point of time and as such the rejection of recognition proposed by the District Level Inspecting Team and ratified by the Executive Committee as would appear from a memo dated 14th July, 2006 issued by the Secretary, West Bengal Board of Secondary Education addressed to the Secretary of the said school (appearing at pages 98 and 99 of the writ petition) should be held to be void. It is submitted on behalf of the petitioners that the report on the basis of which the rejection of the application made for the recognition of the said school took place, should be set aside along with the memo dated 14th July, 2006 communicating such decision and a fresh inspection to be held for considering the prayer for recognition of the said school.
Learned advocate appearing on behalf of the State submits that, after considering all parameters and on the basis of a valid inspection, and finding no improvement in infrastructure, the District Level 5 Inspecting Team and the Executive Committee rejected the prayer for recognition of the said school. He further submits that on two occasions pursuant to orders of this Court, inspection has been held by validly constituted teams and after detailed enquiry it has been found that the school concerned does not satisfy the requirements for being recognised. He further relies upon the West Bengal Board of Secondary Education Act, 1963, and in particular, Chapter - III, relating to Committees and Regional council. He refers to the constitution of the Executive Committee for the purpose of considering recognition of a school and submits that a validly constituted Executive Committee has ratified the recommendation of the Inspecting Team rejecting the prayer of the recognition. He then submits that the Executive Committee being empowered to reject the application for recognition has done so and as such, such decision should not be interfered with by this Court.
In Reply, the advocate appearing on behalf of the writ petitioner submits that the Executive Committee has mechanically ratified the recommendation made by the Inspection Team disapproving the prayer for recognition of the said school. There is no independent finding by the Executive Committee.
After considering the materials on record and the submissions made on behalf of the parties, I do not find any reason to interfere with the decision refusing the prayer for recognition of the said school, 6 inasmuch as the writ Court cannot go into investigation of facts to interfere into the factual findings made by the Inspection Team on the basis whereof the Executive Committee had passed its decision rejecting the prayer for recognition of the said school. The decision of the Executive Committee has set out the reasons for which the district authority expressed their inability to recommend the recognition of the said school and then ratified the decision. As to the correctness of the report and the observation of the Inspecting Team are all fact finding and the writ Court cannot reappraise such factual findings.
It further appears that the last inspection carried on 25th August, 2005, was in terms of the order dated May 17, 2005. In between the passing of the said order dated May 17, 2005 and the inspection held on 25th August, 2005, the West Bengal Schools (Control of Expenditure) Act, 2005, has come into operation on 19th August, 2005. By virtue of section 8 of the said order, the District Level Inspection Team is to constitute of a nominee of a Board, a nominee of the Council, a nominee of the Board of Madrasah and the District Inspector of Schools (S. E.). The District Inspector of Schools (S. E.) shall be the Member-convenor of the said District Level Inspection Team. Had the inspection not held under the orders of Court, the inspection was to be held under the provisions of the 2005 Act. Since recognition of a school depends on the basis of the need of an area, population and general educational considerations which are 7 of public importance and caters to the development of the State resources, the rejection of recognition as made in two previous occasions shall not stand in the way of a further prayer for recognition of the said school. The said school, if makes an application for recognition afresh within a period of thirty days from date, the competent authority under the 2005 Act referred to above, after observing all formalities as required to be complied under the prevailing act and rules, shall consider the prayer of the said school within a period of six months from the date of such application and dispose of the application by a reasoned order without being influenced by any previous finding of any inspecting team.
The writ petition along with all pending applications is disposed of accordingly.
There will, however, be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.
(Arindam Mukherjee, J.)