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2001 Supreme(Cal) 717

AMITAVA LALA
NAZRUL ISLAM – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
JAKIR HOSSAIN, PRATAP KUMAR SEN, S.R.ISLAM

AMITAVA LALA, J.

( 1 ) THE Court : This writ petition is made basically for the purposes of recognition of a Junior High Madrasah and regularisation of services of the teaching and non-teaching staff of the Institution. The whole contention of the writ petitioner is that the order impugned as passed by the appropriate authority of the West Bengal Board of Secondary Education in refusing the grant of recognition is perverse which is apparent from the face of it. Such order impugned is apparent from the face of it. Such order impugned is under memorandum No. 1725 dated 4th November, 1999.

( 2 ) THIS is not the first writ. The writ jurisdiction was invoked but this is the third time when the writ jurisdiction was invoked in the similarly placed situation. In the last order the earlier writ petition was disposed of. A Bench of this Court squarely held that refusal of recognition is outcome of discrimination giving details of comparable charts. But inspite of the same recognition of the institution has been refused. According to the petitioner, one cannot sit over the order of the Court as an appellate authority unless and until a formal appeal is preferred. When neither any appeal pre










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