The main legal point established in the judgment is that the appointments of the organizing staff as teaching and non-teaching staff of the school were regular and should be approved by the respondents from the date of the school's upgradation.

On 1st January, 1965, the Harin Khola Dhruba Adiswar Junior School was granted recognition by the state government. It was upto class IV level. It appears that from time to time the school was upgraded upto class VIII as a Junior High School. Finally, in the middle of the 1980’s, a body of persons which I shall call the organising staff, duly appointed by the Managing Committee of the school, took the decision to start Classes IX and X.

2. This organising staff comprised of teaching and non-teaching staff. After a lot of effort at the governmental level and after prosecuting litigations in this court, the school was upgraded to the level of classes IX and X, as will appear from the School Education Department’s memo 12th May, 2011. It was upgraded to and recognised as a X-class secondary school provisionally from the academic session 2011-12. It was with effect from 1st February, 2011 for three years. Attached to this recognition was the condition that the teaching and nonteaching staff of the school had to be recruited according to the West Bengal School Service Commission Act, 1997 as amended from time to time and the rules made thereunder.

3. The writ petitioners are all organising staff of the school seeking approval of their appointments by the respondents, as the teaching and non-teaching staff of the school.

4. The contention of the respondents is that the teaching and non-teaching staff were appointed without consulting the government and without its approval. After enactment of the West Bengal School service Commission Act, 1997 and framing of the Rules thereunder, organising teachers cannot be recognised. So there was no question of approving the appointment of the organising staff of this school.

5. Certain definitions contained in the West Bengal Schools (Control of Expenditure) Act, 2005 are very helpful for the purposes of this matter.

6. A recognized school is defined as follows:

“2(k) “recognized” with its grammatical variations, used with reference to a school shall mean recognized or deemed to have been recognized under-

(i) The West Bengal Board of Secondary Education Act, 1963, or

(ii) The West Bengal Primary Education Act, 1973 (West Bengal Act XLII of 1973), or

(iii) The West Bengal Council of Higher Secondary Education Act, 1975, or

(iv) The West Bengal Board of Madrasah Education Act, 1994.”

A recognized non government aided school is described as:

“2 (l) a recognized non-Government aided-

(A) Secondary school, or educational institution, or part of department of such school or institution, imparting instruction in secondary education, or

(B) Higher secondary school, or education institution (other than a college), or part or department of such school or institution, imparting instruction in higher secondary education, or

(C) Madrasah, or

(D) Primary Teachers Training Institution; or

Explanation I- “Aided” with its grammatical variations, used with reference to a school, shall mean aided by the State Government in the shape of financial assistance towards the basic pay of the teachers and non-teaching staff of that school.”

School authority is defined in section 2(n) as follows:

“2(n) “School authority”, in relation to a school, means the governing body, managing committee, ad hoc committee, administrator or any other body, by whatever name it is called, which is charged with the management of the affairs of the school.”

S.4. of the said Act prohibits a school authority to create any teaching or non teaching post without the previous sanction of the government Under s.5 of the said Act no school authority shall appoint any teacher or non teaching staff in contravention of this Act or the West Bengal School Service Commission Act, 1997 and any such appointee is treated as void.

S.9 gives power to the state government to upgrade an existing school on the recommendation of the District Level Inspection team.

Explanation I - For the purposes of this section, the expression “upgraded” means upgradation of a Junior Schoo