Bhagabati Prosad Banerjee, J.

1. Against the judgment and order dated 31.7.1996 passed by the Hon'ble Justice Dilip Kumar Basu, an appeal have been preferred by the Board and the Writ Petitioners-Opposite Parties have also filed cross-objections. By the judgment dated 31.7.1996, the learned Judge have quashed the order passed by the President of the Board dated 15.11.1995. By that order the President of the Board, rejected the application for recognition of Amulya Bidya Bhaban Junior High School on the stereotype ground, which are as follows:-

(1) The School has not applied in the prescribed form with a requisite fee of Rs. 25/- by 1975 to the Board.

(2) Teaching and non-teaching staff were appointed not keeping in view of the staff pattern and without observing the existing norms.

(3) There are two Secondary Junior High Schools within the radius of 4/5 k.m. and as such another Junior High School will not be a viable.

2. The learned Single Judge after considering the entire facts and circumstances and various cases, held that the order of the President of the Board could not be sustained and directed the West Bengal Board of Secondary Education to grant recognition of the Scho