Calcutta High Court (Appellete Side)
Uday Singh & Anr vs State Of West Bengal & Ors on 1 December, 2011
Author: Jyotirmay Bhattacharya
Bench: Jyotirmay Bhattacharya
01.12.2011. W. P. No. 7731 (W) of 2011
Uday Singh & Anr.
versus
State of West Bengal & Ors.
Mr. Amit Prokash Lahiri ... For the Petitioners.
Mr. Sadananda Ganguli,
Mr. T. K. Chatterjee
... For the State-Respondent Nos. 1 & 5.
The School Based Learning Improvement Programme which was introduced at Balarampur Block in Purulia District was subsequently discontinued with effect from 1st January, 2007 as UNICEF stopped funding the Project. The said programme was run with the financial assistance given by UNICEF. Though the said programme was discontinued at Balarampur Block in Purulia district on the pretext of non- supply of fund by UNICEF, but identical programme in the name of ILIP is continuing in other districts such as Burdwan, Nadia, Bankura and Birbhum.
Since the purpose for which the said Scheme was introduced, has not yet been achieved fully at Balarampur Block in the district of Purulia, the District Magistrate, Purulia by his letter dated 16th August, 2011 requested the Secretary to the Government of West Bengal, School Education Department to take appropriate action to introduce ILIP or SLIP programme at Balarampur Block.
Since the District Magistrate, Purulia has also felt necessity of continuation and/or reintroduction of the said programme either in the name of ILIP or in the name of SLIP, this Court feels that the State Government should consider the proposal of the District Magistrate, Purulia sincerely for reintroduction of the said programme at Balarampur Block in the district of Purulia.
2Since identical programme is continuing in the other districts of West Bengal, the State-respondents are required to find out ways and means for reintroduction of the said Scheme by arranging necessary fund either from UNICEF or from any other funding authority or by utilising its own fund, as the novel purpose for which the said Scheme was introduced at Balarampur Block within the district of Purulia has not yet been achieved fully.
Under such circumstances, this Court disposes of this writ petition by directing the Secretary to the Government of West Bengal, School Education Department to consider the proposal of the District Magistrate, Purulia for reintroduction of the programme viz., ILIP or SLIP at Balarampur Block and take the ultimate decision thereon within a period of twelve weeks from the date of communication of this order.
Since the financial involvement of the State may create barrier in reintroducing the said Scheme at Balarampur Block, the Secretary concerned, if feels necessary, may take the ultimate decision in this regard in consultation with the Finance Ministry.
Needless to mention here that in case, the said programme is reintroduced at Balarampur Block within the district of Purulia, then re-engagement of the petitioners as voluntary resource persons may be considered as they had been rendering their services in the said Project while the Scheme was in operation in Balarampur Block.
Let the supplementary affidavit filed in Court today, be kept with the record.
The writ petition is, thus, disposed of.
3Since the writ petition is disposed of at the motion stage without inviting any affidavit from any of the parties, let it be recorded that the allegations made by the petitioners in this writ petition are not deemed to be admitted by the respondents.
Urgent photostat certified copy of this order, if applied for, be furnished to the applicant as early as possible.
(JYOTIRMAY BHATTACHARYA, J.) dc.