Charu Chandra Karmakar And ORS v. State Of West Bengal And ORS.

WPA 16776 of 2022 Charu Chandra Karmakar & Ors.

-vs- State of West Bengal & Ors.

20.5.2025 Sl.7.ct.25 sk Mr. Prahlad Ch. Ghosh Mr. Subir Hazra Mr. Swapan Kr. Chatterjee ...for the petitioners.

Mr. Supriyo Chattopadhyay, Ld. AGP Ms. Tapati Samanta ...for the State

1. The petitioners are the assistant teacher of a school which seeks recognition without the financial aid by the State Government. In this regard an order of the Principal Secretary, School Education Department dated 8th September, 2020 has been referred to by Mr. Ghosh representing the writ petitioners. The same speaks as follows:- "As such, the school in question does not deserve recommendation for recognition so far as the deficiencies are glaring. Thus, the present prayer for recognition of the school is hereby rejected. However, the petitioner may apply afresh as per existing norms after fulfillment of the norms and standards as specified in the Schedule of the Right of Children to Free and Compulsory Education Act, 2009 and Rules made thereunder. No relief is granted at this stage".

2. In view of the said order of the Principal Secretary, School Education Department and also the following

letters of the Joint Secretary to the Government of West Bengal dated 10th March, 2021 as well as Deputy Director of School Education (Junior High School), Government of West Bengal dated 24th August, 2001, there would not be any impediment for the writ petitioner to make appropriate application along with the statutory fees before the respondent authority for recognition of the School aided Junior High School.

3. Hence, let this writ petition be disposed of by directing the petitioner to file an application for recognition of the school as an aided Junior High School before the appropriate authority, within a period of eight weeks from the date of communication of copy of this order. Let the appropriate authority consider the same in accordance with law.

4. The writ petition as above, is disposed of.

5. Since no affidavit is called for in this case, the allegations made in the writ petition, are deemed to have been denied by the respondents.

6. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Rai Chattopadhyay, J.)