Sahidullah Munshi, J.

This writ petition has been filed by the members of an Organizing Managing Committee of junior High School named Panisala Junior High School. In this writ petition the petitioners have challenged an order dated 11th October, 2007 (Annexure P-7) passed by the Secretary, West Bengal Board of Secondary Education granting recognition to the school as a new set up Four-Class Junior High School and a order dated 7th April, 2011 issued by the Secretary, West Bengal Board of Secondary Education under letter No.78/C (Law) dated 7th April, 2011 with regard to recognition of Panisala Junior High School, Dakshin Dinajpur and thereby granting first recognition to Panisala Junior High School as Four-Class Junior High (V to VIII) with retrospective effect from 1st May, 2001 but with a specific bar that there will be no financial assistance. In brief, the writ petitioner’s case is as follows:-

a) The Organizing school has been functioning from its inception in 1978 and continuous functioning of the said school stands confirmed by District Level Inspection Team report both in 1995 and 1996. It has been stated that the respondent No.3, District Inspector of Schools (S.E.) Dakshin Dinajpur, himself observed in his memo dated 26th July, 1996 that the school is situated in an area which is pre-dominantly inhabited by the Scheduled Caste people and that considering the backwardness of the locality it seems that the school was playing a role in the matter of educating backward children of the society. It is the case of the petitioner that despite all these observations, the District Level Inspection Team tried to depict the school as a newly set up one. The grant of recognition to the said school was rejected earlier by an order dated 18th November, 1997 on purported grounds that the school did not apply to the Board for recognition on or before 1975 with prescribed amount of fees. Although, the school started functioning without prior permission from the Government and that there was no room other than classrooms which were also not up to the mark and that there was no existing functioning of the school. However, the said order was set aside and the Executive Committee of the Board was asked to consider the prayer for recognition.

Once again, the prayer for recognition was rejected by a memo dated 9th June, 1999, however, it would appear from the District Level Inspection Team report dated 25th November, 2000 that the team recommended for recognition of Four-Class Junior High School on 11.01.2001. Pursuant to the said District Level Inspection Team report a provisional recognition was granted with effect from 1st May, 2001. The said recognition was communicated by the Secretary, West Bengal Board of Secondary Education to the Secretary, Organizing Committee of Panisala Junior High School by his memo dated 20th June, 2001. The said recognition was made provisional for a period of one year as a new set up school with effect from 1st May, 2001 with condition and instruction that the school shall take immediate steps for appointment of teaching staff on recommendation of the West Bengal Regional School Service Commission in respect of the region concerned. After observing the procedure defining in Rule 6(2) and Rule 6(3) of the West Bengal School Service Commission Rules, 1997 and in respect of non-teaching staff by obtaining names from the Employment Exchange as also by observing other procedure in accordance with the existing recruitment rules issued by the Department of School Education, West Bengal.

Aggrieved by the said communication dated 20th June, 2001, particularly the grant of provisional recognition to the Junior High School as a newly set up one school, the petitioner filed a writ petition being W.P. No.5132(W) of 2001. On the said writ petition this Hon’ble Court passed an order on 2nd April, 2003. In the said order it has been observed and directed as follows:-

“On two occasions in the pursuit of the petition