JUDGMENT Banerjee, J.: Advancement of knowledge is the cry of the day and expansion of education and not its curtailment in any shape or form is the need of the hour. Educational Boards and Universities ought to aim to device ways and means for progressive welfare of the young members of the community and the door of the University should be thrown open wider still so that it might elevate the nation and rouse the spirit of self-respect of the people of this country. In a democratic country like that of ours there ought to be a systematic and organised effort for expansion of education and the same cannot be restrictive in any way. Education only can eschew paths of hatred and violence so as to concentrate on constructive plans for the prosperity of the nation. Discipline and moderation in life can only be achieved by education and are compatible with true development of the society. Dr. Shyama Pros ad Mookherjee, a well-known educationist and formerly Vice-Chancellor of Calcutta University in one of his convocation addresses said that we cannot sit idle with philosophic unconcern and let things drift as they may but we will have to contribute to the betterment of the society and this would be a paramount task so as to bring the younger generation into light and in the event the University does not rise up to the expectation there would be unfortunately a deadly stagnation : Future of the country lies today with the younger generation and there could be nothing nobler and nothing greater than to afford an opportunity of proper education for the younger people. Dr. Mookherjee went on to say that it is the University which ought to inculcate right ideals to develop personalities capable of being the largest service to our country. 2. It is on this backdrop that this pending appeal shall have to be disposed of and thus it would be convenient to advert to the factual aspect of the matter at this juncture. The petitioner moved this Court under Art. 226 of the Constitution by reason of a decision of the School Authority of Julian Day School to stop imparting education from Class VI onwards. On the factual backdrop it appears that the same school is functioning as a primary school since 1989 under Management of Julian Charitable Education Trust. The petitioner moved this Court under Art. 226 of the Constitution by reason of a decision of the School Authority of Julian Day School to stop imparting education from Class VI onwards. On the factual backdrop it appears that the same school is functioning as a primary school since 1989 under Management of Julian Charitable Education Trust. The records depict that the School Authority applied for affiliation to Indian Council of Secondary Education after obtaining a conditional no-objection certificate from the Government of West Bengal but the application for affiliation, however, has been rejected by the Council for certain shortcomings mentioned in the communication of the Council. The School Authority, however, without any attempt to over-come the same in a delightful casual fashion took a decision to close down the upper classes of the school-an attitude which is neither being appreciated nor fair to the student community at large. At present there are about 1500 students prosecuting their studies in the school from Class VI upwards and about 50 teachers are rendering their services for imparting education to the students. The decision, therefore, of the School Authority will adversely affect not only 1500 students but 50 families of teachers would be put to great economic strain which ought not to be over-looked. 3. It is true that the Council has set up some standard and if an institution cannot rise up to the standard fixed by the Council, question of grant of affiliation would not arise but does that mean and imply prohibition for those 1500 students to prosecute their studies further the answer probably cannot be in the affirmative. Admission on to a school is a difficult proposition these days and the same is not restrictive to any city or town but a truism throughout the country. Realities of life cannot be ignored with a deaf ear and a blind eye and the fact remains that in the event this institution is closed down, the very concept of education for those 1500 students would be withered away with no possible expectation to get readmitted into another school. Realities of life cannot be ignored with a deaf ear and a blind eye and the fact remains that in the event this institution is closed down, the very concept of education for those 1500 students would be withered away with no possible expectation to get readmitted into another school. Educational institutions are already overcrowded and they will not be able to bear the brunt of an additional load of 1500 students––Can a court of law be a passive spectator when it has been brought to its notice of such a state of affairs we are afraid––the answer cannot but be in the negative. We are conscious of the fact that there are certain limitation also and howsoever wide the arms of the court may be, it is now well-settled and one need not dilate on that score that mandatory order of recognition of a school ought not to be passed since the Councilor University has its own standard set up and any institution falling short of such a standard cannot be recognized––but then what would be the solution? Is it for the court to allow an institution to close down rendering the educational opportunities of 1500 students an impossibility or afford opportunity to take steps by which these unfortunate students can prosecute their studies so as to divert youthful energies of the students along healthy channel for the betterment of the society. Law Courts have a duty to the society at large and if occasion demands, law courts cannot help but to rise up to the occasion to meet the need of the day and it is this flexibility which has been recognised in a long catena of cases and which Rosco Pound described as a virtue of the rule of law. It is a bounden obligation of the Council to afford the amplest facilities to the young one so that they may be endowed with learning and character and may regard themselves as not only the torch bearers and interpreters of knowledge and conquerors of new realms of thought but also subsequently termed as true sons of the country––brave and upright. The Council ought to promote education institution to be the home of progressive thoughts, the basic principle being that the educational opportunities should be denied to none for prosperity of the society and in turn to the country. It is an irresistible demand. 4. The Council ought to promote education institution to be the home of progressive thoughts, the basic principle being that the educational opportunities should be denied to none for prosperity of the society and in turn to the country. It is an irresistible demand. 4. Be it noted here that as regards the short-comings as pointed out by the Council the School Authority has, however, readily agreed to comply with the requirements of the Board and School Authority has proposed to construct additional two floors at its new premises at 5, Ramesh Mitter Road and in the event of such a construction the short-comings spoken of would no longer be any obstacle in the matter of grant of recognition. We have elaborated the need of education in the country. We have also noted to the difficulties of having an alternate institution and in that perspective we deem it a duty cast on to the law Courts to allow continuation of studies to these students with a rider to the effect that the school ought to arrange its matter in such a way so as to meet the requirement of the Council and fulfil the standard as prescribed for grant of any recognition. Julian Day School cannot be treated at par with one of those mushroom institutions which are growing around the country but it is a well-known institution in the city of Calcutta for quite sometime having a strength of students as noted above. 5. Julian Day School cannot be treated at par with one of those mushroom institutions which are growing around the country but it is a well-known institution in the city of Calcutta for quite sometime having a strength of students as noted above. 5. In that view of the matter, the appeal and the writ petition upon treating the same on the days list stand disposed of with an order that the school be allowed to function in the normal course for a period of two years and the Council without grant of any recognition shall allow the candidates to appear at the final examination of the Council for a period of two years that means for 1997 and 1998 and if within that period of two years the School Authority is, otherwise, being able to arrange matters in a manner in consonance with the requirements of the Council and sets up the standards as prescribed by the Council within June, 1998, the Council shall consider the grant of affiliation to the school and in the event of noncompliance thereof there would, however, be no obligation on the part of the Board to consider grant of any affiliation or to allow any student to sit in the final examination of the Council beyond June, 1998. Be it clarified that this privilege is restrictive in nature and shall not be extended beyond June, 1998 and is strictly ad-hoc in nature. 6. Be it placed on record that in terms of an interim order passed by the learned Single Judge though, subsequently, modified by the Appellate Court, the Central Bureau of Investigation has reported that some parents could not admit students without donation and the evidence is over-whelming to substantiate the allegation of extortion of donation. Without, however, going into the same in detail, it is ordered that the School Authority will no ask for any donation on account of admission of students and the Council would be at liberty to deal with the matter in accordance with the Rule of the Council in the event of receipt of any complaint to that effect. 7. This order is passed having due regard to the concept of justice since technicality alone will not sub-serve the ends of justice. 8. The interim order as passed by this Court in regard to the management of the School, however, stands vacated. 9. 7. This order is passed having due regard to the concept of justice since technicality alone will not sub-serve the ends of justice. 8. The interim order as passed by this Court in regard to the management of the School, however, stands vacated. 9. There shall, however, be no order as to costs. R. K. Mitra, J. : I agree. Appeal and writ petition disposed of.