Full Judgment
ORDER
SHEET WP No.187 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MANAGING COMMITTEE, BORA JUNIOR HIGH SCHOOL & OTHERS Versus WEST BENGAL BOARD OF SECONDARY EDUCATION & OTHERS BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :
26. h June, 2013.
Appearance: Mr.Rabilal Maitra, Sr.Advocate Mr.A.K.Halder, Advocate Mr.Pradip Kumar Neogi, Advocate for the petitioner Mr.Subhabrata Dutta, Advocate for the State respondent Mr.P.Bhattacharya, Advocate for the respondent Nos.1 & 2 The Court: The school involved is Bora Junior High School at Salua, District Midnapore.
Because of a judgement and order dated 20th September, 2006 passed by Indira Banerjee, J., in WP No.13672(W) of 2006, the West Bengal Board of Secondary Education gave an anxious consideration to the question of recognition of the above school and arrived at the decision that it was to be recognised as a four class junior high school without financial assistance from the government, provisionally for two years with effect from 1st March, 2010.
This decision was taken by the Board on 13th September 2010.
This is annexure P9 at page 108 of the writ petition.
In this writ application, a prayer has been made for a direction upon the State government to extend financial aid to this school.
One or two things have become most important.
The fiRs.is the enactment of Article 21A in our Constitution providing for free and compulsory education for children from six upto fourteen years of age.
Therefore, from a directive principle of State policy the right to receive free and compulsory education has become a fundamental right.
In exercise of its power under this Article, the Parliament enacted the Right of children to Free and Compulsory Education Act, 2009.
Under this Act it became the legal duty of the Sate to provide free and compulsory education to such children.
For every child from six to fourteen years of age, to get free education, there must be a sufficient number of government aided schools in a particular area providing free education.
If the number of schools is less than sufficient, no matter what may be the intention of the government, it will be unable to provide education to all such children.
Moreover, the school should be proper, proper in their infrastructure and proper in their teaching and non-teaching staff.
Mr.Maitra, learned Senior Counsel for the petitioner, drew my attention to an inspection report, particularly to internal page 7 thereof which is at page 103 of the petition.
It, inter alia, enumerates the nearest school and its distance from Bora Junior High School, in each direction.
“North Gopali I.M.High School 12 Km.
South Belti High School 15 Km.
East Khelar High School 8 Km.
West Bhetia Chandi High School 9 Km.”
There is no doubt from the available records that Bora High School after its recognition is functioning properly.
It was also pointed out by Mr.Maitra that this school was providing free education.
Considering the above location of the school and its proper functioning as noted above, I am of the opinion that the school is important for the children of the area and deserves patronage from the government to carry on its activities.
Full and if not full, partial financial aid is desirable.
In my opinion, patronage of this school would go towards furthering the cause of child education in the area, as provided in the above Act.
In the circumstances, I dispose of this writ application by directing the Secretary, School Education, to consider the case of the above school for financial assistance, full or partial together with approval of teaching and non-teaching staff.
Such consideration should be made within a period of three months from the date of communication of this order.
The writ application is disposed of by the above order.
All parties concerned to act on a signed photocopy of this order upon the usual undertakings.
G/ (I.P.MUKERJI, J.)