AMITAVA LALA, J. ( 1 ) THE Court: This is an application in the nature of writ petition arising out of non-consideration of recognition of the Institution. ( 2 ) THE impugned order under challenge is at page 264 of the writ petition being No. S/280 dated 19th September, 1997 being annexure 'w' to the writ petition whereunder the following grounds of refusal are set out:1. THE Classrooms are of 252 sq. ft. (18' x 14') in size which are very small in respect of the prescribed size. 2. Enrolment of School has been claimed to be 137 in 96/97 session but on the date of inspection only 86 students have been found which is far below for making the school a viable one. 3. There are at least four High Schools located within a distance of 5 and 6 k. m. from the proposed school and thus no new school is needed in the area. 4. The School is claiming to have been established in 1970, but the School purchased Kishan Bikash Patra of Rs. 5000/- only on 7. 10. 95 as its Reserve Fund instead of in the year 1970. 5. Teaching and non-teaching staff were appointed on and from 22. 7. 81 and thereafter this can be considered a conclusive evidence that the School is not being run from the 1975 at all. " ( 3 ) ACCORDING to Mr. Arun Prakash Sarkar, learned senior counsel, appearing in favour of the petitioners that the order of refusal is mechanical in nature and covered by a Division Bench judgment of this Court being 1998 (1) CLJ 141 (Nabadwip Chandra Das and Ors. v. West Bengal Board of Secondary Education and Ors. ). In such well known judgment, in fact, the Division Bench of this court reiterated the principles laid down by the Hon'ble Supreme Court as reported in 1993 (1) SCC 645 (Unni Krishnan v. State of Andhra Pradesh) to the extent of observation that the citizens have fundamental right of education as flowing from Article 21 the Constitution of India. Therefore, it is desirous that educational Institution should be given recognition and/or affiliation which is very lifeblood of a private Educational Institution and without such recognition if the studies in the private Educational Institution continues the same may be rendered infructous in effect to achieve the goal of education of the Students. Therefore, it is desirous that educational Institution should be given recognition and/or affiliation which is very lifeblood of a private Educational Institution and without such recognition if the studies in the private Educational Institution continues the same may be rendered infructous in effect to achieve the goal of education of the Students. ( 4 ) THE Division Bench of this Court discarded the rejection of recognition and/or affiliation of the school on the mechanical manner being : (I)the School has not applied in the prescribed form with a requisite fee of Rs. 25/- by 1975 to the record; (ii)teaching and non-teaching staff were appointed not keeping in view of the staff pattern and without observing the existing norms; and (iii)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 one. ( 5 ) A single Bench of this Court under C. O. No. 1179 (W) of 1996 (Chittaranjan Tikadar v. State of West Bengal and Ors.) held that such grounds of rejection was also brustasdide. ( 6 ) HOWEVER, right of education being part and parcel of Article 21 of the Constitution is distinct and different form giving recognition/affiliation/up-gradation of an Institution. ( 7 ) I have carefully considered the judgment of the Supreme Court as reported in 1993 (1) SCC 645 (supra), wherefrom it is crystal clear that establishing Educational Institutions can under no stretch of imagination be treated as practising any profession under the meaning of Article 19 (1) (g) of the Constitution of India. Teaching may be a profession but establishing an institution, employing teaching and non-teaching staff, procuring the necessary infrastructure for running a School or College is not 'practising profession'. Therefore, the Supreme Court made it clear that it had not gone into the precise meaning and content of the expressions profession, occupation, trade or business for the reason that it is not necessary for the court to do so in view of the approach adopting hereinafter. The observation was that activity of establishing and/or running an Educational Institution cannot be a manner of commerce. ( 8 ) COURT should proceed on the assumption that a person or body of persons has a right to establish an Educational Institution in this country. The observation was that activity of establishing and/or running an Educational Institution cannot be a manner of commerce. ( 8 ) COURT should proceed on the assumption that a person or body of persons has a right to establish an Educational Institution in this country. But this right, they made it clear, is not an absolute one but subject to such law as may be made by the State in the interest of general public. ( 9 ) THE Supreme Court has made it clear that the right to establish an Educational Institution does not carry with it, the right to recognition or right to affiliation. It is recorded therein that the Supreme Court uniformly held earlier by a 9 Judges Bench as reported in 1974 (1) SCC 717 that there is no fundamental right to affiliation. The recognition or affiliation is essential for a meaningful exercise of the right to establish and administer Educational Institutions. Recognition may be granted either Government or any other authority or body empowered to accord recognition. Similarly, affiliation may be granted by academic body. In other words, it is open to a person to establish an Educational Institution, admission of students, impart education, conduct examination and award certificates to them but he or the Educational Institution has no right to insist that the certificates or degrees awarded by such institution should be recognised by the State. Much less, have them the right to say that the students trained by the Institution should be admitted to examination conducted by the University or by the Government or any other authority, as the case may be. But Institution has to seek such recognition or affiliation from the appropriate agency. Grant of recognition and/or affiliation is not a matter of course nor it is a formality. ( 10 ) UNDER such circumstances, this Court cannot agree with the petitioners' submissions that on the basis of the factual aspects as inserted under the impugned order of the Secretary of the Board of Secondary Education for rejection on the ground of recognition upto Class VIII standard of the same is without any basis whatsoever and only such recognition was refused in a mechanical manner. ( 11 ) MOREOVER, the grounds as given under the impugned order are not strictly in conformity with the so-called mechanical grounds as given under the Division Bench judgment. There are substances for the refusal. ( 11 ) MOREOVER, the grounds as given under the impugned order are not strictly in conformity with the so-called mechanical grounds as given under the Division Bench judgment. There are substances for the refusal. ( 12 ) HOWEVER, this Court cannot investigate this matter under writ jurisdiction nor ignore this issue without further investigation in this matter by the appropriate authority. ( 13 ) UNDER the circumstances, the following orders are passed:"the District Inspector of Schools (SE) concerned is directed to get the concerned School inspected by the D. L. I. Team within a period of four weeks from the date of communication of this order. At the time of consideration, the present position or of the teaching and non-teaching staff, class rooms of the Schools as well as strength of the student, building etc. and all other materials to be taken into account. The District Inspector of Schools (SE) concerned will forward the report of the D. L. I. team with his own comments thereon to the Director of School Education, West Bengal, within two weeks from the date of submission of the report and Director of School Education, West Bengal, shall forward the report and the necessary papers with his own comments thereon to the Educational Department, Government of West Bengal, within four weeks from the date of receipt necessary papers from the D. I. of Schools (SE) concerned. The Educational Department shall then forward the report and the necessary papers with their own comments thereon to the West Bengal Board of Secondary Education within a period of two weeks from the date of receipt of the necessary papers from the Director of School Education. The West Bengal Board of Secondary Education shall then consider the question of recognition according to the concerned School and pass necessary orders in the matter within a period of six weeks from the date of receipt of the necessary papers from the Education Department. This order is mandatory in respect of the prescribed period. "accordingly, the writ application is thus disposed of. There will be no order as to costs. All parties are to act on a signed copy minutes of the operative part of the judgment on the usual undertakings. Petition disposed of.