INDIRA BANERJEE, J. ( 1 ) IN this writ application the petitioners have inter alia challenged the action of the respondent West Bengal Board of Primary Education in not granting recognition to Tridev Hrishikesh Primary Teachers Training Institute at Raidighi in District 24-Parganas (South ). ( 2 ) THE Respondent Board is a statutory authority constituted under section 3 of the West Bengal Primary Education Act, 1973, hereinafter referred to as the 1973 Act. ( 3 ) SECTION 19 of the said act empowers the Respondent Board generally to guide, supervise and control primary education and in particular to inter alia provide by regulations the curriculum, the syllabus and the courses of study to be followed in Primary Teachers' Training Institutes, to institute such examinations as it might think fit and to make regulations in connection with examinations. ( 4 ) IN exercise of powers conferred under Section 19 of the 1973 Act, the Respondent Board has, with the approval of the State Government, framed the West Bengal Board of Primary Education (Recognition of Primary teachers' Training Institute) Regulations, 2002, which are hereinafter referred to as the Regulations. ( 5 ) REGULATION 3 of the Regulations empowers the Respondent Board to grant recognition to a Primary Teachers' Training Institute subject to compliance of the provisions of Chapter-Ill of the Regulations and the provisions of the 1973 Act. ( 6 ) REGULATION 4 provides that an application for recognition shall be submitted by a non-government institute or a non-government agency, by whatever name called, in the prescribed application form within 30th september of the year preceding the year from which recognition is sought. ( 7 ) REGULATION 4 (3) to 4 (5) are set out hereinbelow for convenience : "4 (3) After the receipt of the application under sub-regulation (1), the Board shall, as soon as possible, cause an inspection by an inspecting team to be constituted by the Board regarding the suitability of the site and buildings as referred to in Regulation 8 and other conditions contained in these regulations. (4) The Inspecting team shall, after causing the inspection, submit a report along with its views regarding grant of recognition to an institute. (4) The Inspecting team shall, after causing the inspection, submit a report along with its views regarding grant of recognition to an institute. (5) The Board shall, after considering the report of the inspection Team and subject to the fulfilment of the provisions of the act and rules and regulations made thereunder, either recognize the institute with or without conditions, or refuse recognition. " ( 8 ) REGULATION 6 empowers the Board to grant provisional recognition to an Institute subject to fulfilment of such conditions as may be specified by the Board from time to time upto a maximum period of 3 years. The period of provisional recognition might on application from the Primary teachers' Training Institute concerned, be extended. ( 9 ) CHAPTER-ILL of the Regulations lays down the general conditions for recognition of Primary Teachers' Training Institute. The relevant provision of Chapter-Ill are set out hereinafter. "8. Location and site of institute- (1) An institute seeking recognition under these regulations- (a) shall be located in relatively noise-free and pollution-free area, having adequate supply of drinking water and electricity ; (b) shall have good conveyance and communication facility with the nearest town. (c) shall be of pucca structure with well-ventilated and spacious rooms for holding classes, and (d) shall have permanent ownership of the land and building or acquired on ninety nine years lease. Each institution shall provide following rooms, namely :- (a) one lecture room with a floor space of 1000 square feet so that space may be provided at least at the rate of 10 square feet per student ; (b) one Assembly hall with at least 1000 square feet of area ; (c) two rooms, each of 300 square feet of area, for multipurpose educational laboratory fully equipped with equipment necessary for practical works facility for students. Explanation.-For the purpose of this clause, the multipurpose educational laboratory means a comprehensive multipurpose educational laboratory with the following sections, namely ; (i) Science Education Laboratory, (ii) Psychological Education Laboratory, (iii) Language Education Laboratory, (iv) Education Technology Laboratory, (v) Mathematics Education Laboratory, (vi) Social Science Laboratory, and (vii) A supporting mini-workshop ; (d) one room with a minimum floor space of 150 square feet for two computers and accessories ; (e) a separate room with minimum floor space of 150 square feet for the Principal of the institute ; (f) a room with minimum floor space of 120 square feet for the office of the institute ; (g) two separate common rooms for teachers, one for men and other for women teachers, each having floor area of 120 square feet, with facility of pure drinking water and toilet : (h) two separate common rooms, one for male and another for female students, each having a floor area of 300 square feet, with facility for pure drinking water and toilet; (i) a room with a minimum floor space of 500 square feet for accommodation of library-cum-reading room. 9. Library of institute-The minimum stock in the library for the first year of functioning of the institute shall ordinarily be 1500 books. Every year at least 100 books to be added. The institute shall subscribe to at least three professional journals. ( 10 ) ACCOMMODATION to be provided by institute- (1) The institute shall provide the following accommodations, namely :- (i) two hostels, one for men and the other for women students, (ii) one Principal's quarter close to the institute, and (iii) staff quarters for the teaching and non-teaching staff. (2) The staff quarters for all the non-teaching staff whose service are required odd hours, shall as far as possible, be provided near the institute. ( 11 ) PLAY ground of institute-Every institute shall have a minimum of 500 square meter play ground to engage at least 50 per cent of the students at a time in active outdoor games like volley ball, basket ball, kho-kho, kabbadi or other local games. ( 12 ) TEACHING and non-teaching staff. . . . . . . ( 13 ) DISTANCE from neighbouring institute.- (1) The distance between the existing institute and a proposed institute shall not be such as would be injurious to the interests of such existing recognized institute or of the students thereof. ( 12 ) TEACHING and non-teaching staff. . . . . . . ( 13 ) DISTANCE from neighbouring institute.- (1) The distance between the existing institute and a proposed institute shall not be such as would be injurious to the interests of such existing recognized institute or of the students thereof. ( 14 ) ENDOWMENT and reserve fund.- (1) An institute shall have an endowment fund of at least Rs. 5. 00 lakhs and a reserve fund to cover three months salary of staff. (2) The provisions of endowment and reserve fund referred to in sub-regulation (1) shall not apply to Government, Government sponsored institutes and Government and non-Government Institute. ( 15 ) ADMISSION- (1) The capacity of the institute shall be minimum of 100 and maximum of 150 students. (2 ). . . . . . . . . . . . . . . . . . . (3 ). . . . . . . . . . . . . . . . . . . ( 16 ) DURATION of course. . . . . . . . . . . . . . . . . . . ( 17 ) ACADEMIC year-The institute shall observe academic year commencing from 1st day of July of the year and ending on the 30th june of the succeeding year. ( 18 ) ( 19 ) FEES. . . . . . . . . . . . . . . . . . . " 10. On or about 26th August, 2003, the Respondent Board issued advertisements in newspapers including the 'ganashakti' inviting applications from non-government organizations intending to establish primary Teachers' Training Institutes for affiliation of their institutes for the 2004-05 academic session. 11. Prospective applicants were required to obtain prescribed application forms between 3rd and 18th September, 2003 upon payment of rs. 2. 500/- and submit the same within 30th September, 2003 being the last date for submission of the applications. 12. Pursuant to the aforesaid advertisement the petitioners duly obtained the prescribed application form cum Information Brochure upon payment of Rs. 2. 500/ -. The Information Brochure appended to the prescribed application form for affiliation from the year 2004-05 session inter alia provides as follows :- "the Primary Teachers' Training Institute would be selected strictly on the basis of the need of district, population and general educational consideration. 2. 500/ -. The Information Brochure appended to the prescribed application form for affiliation from the year 2004-05 session inter alia provides as follows :- "the Primary Teachers' Training Institute would be selected strictly on the basis of the need of district, population and general educational consideration. The tribal areas, hilly regions etc. have found it difficult to attract qualified and trained teachers, it is desirable to encourage establishment of training institutes in these areas. Such institutes would be considered only if the sponsors are able to ensure that they have adequate land and buildings and other infrastructure (Laboratory, Library etc.) to provide the required land and buildings to the proposed P. T. T. I, of its own or acquired on at least 99 years lease basis and would vest the Title of the said land and buildings in the Governing Body or the competent authority of the institute by Registered Deed. Further no. P. T. T. I, would be permitted to function in the premises of a recognized school or such educational institution. " 13. The Society submitted the application for recognition of the institute within 30th September, 2003. As required the Society along with the application enclosed documents to show that the Society had adequate land and buildings for the Institute. 14. Upon preliminary satisfaction that the application of the petitioners with supporting documents was in order, the West Bengal Board of Primary education wrote a letter dated 19th February, 2004 calling upon the petitioners to pay the prescribed administrative cost of R$. 5,000/- for inspection of the proposed institute. 15. The petitioner duly paid the requisite inspection fees. Thereafter an inspection team inspected the proposed institute. The decision of the west Bengal Board of Primary Education regarding recognition of the said tridev Hrishikesh Primary Teachers' Training Institute was never communicated to the petitioners. 16. The West Bengal Board of Primary Education has published a provisional list of institute recognized for the year 2004-05. The institute proposed to be set up by the petitioners, namely, Tridev Hrishikesh Primary teachers' Training Institute is not included in the said list. 17. During the pendency of the writ petition the petitioners have been served with a copy of the inspection report which has inter alia been challenged by way of a supplementary affidavit. 18. The Respondent Nos. The institute proposed to be set up by the petitioners, namely, Tridev Hrishikesh Primary teachers' Training Institute is not included in the said list. 17. During the pendency of the writ petition the petitioners have been served with a copy of the inspection report which has inter alia been challenged by way of a supplementary affidavit. 18. The Respondent Nos. 4 and 5 have affirmed Affidavit-in- opposition wherein it has been contended that the application of the petitionersjor approval of the institute proposed to be established by them was rejected on the ground of non-compliance with Regulations 8 (1) (d) and 8 (2 ). 19. According to the Respondent Nos. 4 and 5 the proposed institute had no land or building in its own name as on the date of inspection. It has further been alleged that there was no infrastructure for Library, Reading room with books and journals on the date of inspection. There was also no educational Laboratory, no hostel facilities, no canteen facilities nor any playground. ( 20 ) THE petitioners have in their Affidavit-in-Reply, contended that the petitioners had acquired its own land and was in a position to construct a building at the proposed site as per the specification of the West Bengal board of Primary Education by January, 2004. ( 21 ) THE petitioners claims to have taken buildings on rent for immediate starting of the institute. The petitioners have referred to numerous institutions which have been granted recognition notwithstanding the fact the those institutions did not have land and buildings to their own. It is alleged that some of the institutions which have been granted recognition do not even have pucca buildings. ( 22 ) THE application has apparently been rejected on the ground that the building had not been completed on the date of the inspection, other infrastructure was incomplete and that there was no play ground, library or laboratory. ( 23 ) THERE is nothing in the inspection report wherefrom the President of the Respondent Board could have deduced that there was no library, laboratory or play ground in the institute. On the other hand the relevant columns regarding Library, Laboratory have been left blank in the report of the inspecting team contain the remark 'all are proposed'. ( 23 ) THERE is nothing in the inspection report wherefrom the President of the Respondent Board could have deduced that there was no library, laboratory or play ground in the institute. On the other hand the relevant columns regarding Library, Laboratory have been left blank in the report of the inspecting team contain the remark 'all are proposed'. ( 24 ) THERE can hardly be any doubt that for recognition of a Primary teachers' Training Institute the terms and conditions of recognition as stipulated in the Regulations would have to be complied with by the concerned Primary Teachers' Training Institute. ( 25 ) THE question is whether fulfilment of all the terms and conditions of recognition including completion of buildings and other requisite infrastructure on the date of submission of the application for recognition was a condition precedent for consideration of an application for recognition as argued by Mr. Mukherjee. ( 26 ) MR. Mukherjee appearing on behalf of the Respondent Board submitted that for recognition, Primary Teachers' Training Institutes had to fulfil all the conditions of recognition on the date of submission of application for recognition including the condition of ownership and/or alternatively least of at least 99 years of land and buildings of requisite specifications in the name of the proposed Primary Teachers' Training Institute. ( 27 ) RELYING on the Constitutional Bench judgment of the Supreme court in TMA Pai Foundation and Ors. v. State of Karnataka and Ors. , the judgment of the Supreme Court in the case of Unni Krishnan v. State of a. P. reported in AIR 1993 SC 2178 and other judgments Mr. Mukherjee argued that there was no fundamental right to recognition of an institution. ( 28 ) RELIANCE was also placed by Mr. Mukherjee on the judgment of the Supreme Court in the case of Sf. John Teachers Training Institute v. State of Tamil Nadu, reported in 1993 (2) SCC 594 where the Supreme court approved the legal principles enunciated by the High Court which included the principle that there was no fundamental right to recognition and any institution seeking recognition should abide by the regulations prescribed by the State as conditions therefor. The aforesaid view has been reiterated by this Court in the case of Shri Jhalu Roy and Ors. v. State of west Bengal and Ors. reported in 2000 (3) CLT 391, cited by Mr. Mukherjee. The aforesaid view has been reiterated by this Court in the case of Shri Jhalu Roy and Ors. v. State of west Bengal and Ors. reported in 2000 (3) CLT 391, cited by Mr. Mukherjee. ( 29 ) THERE may not be any fundamental right to recognition, as rightly submitted by Mr. Mukherjee. In fact, the petitioners have not even claimed any fundamental right to recognition. At the same time an applicant for recognition, cannot be discriminated against, nor an application for recognition thrown out on flimsy grounds, just because there is no fundamental right to recognition. ( 30 ) IN support of the contention that all the conditions stipulated in chapter-Ill of the Regulations have to be complied with on the date of submission of the application, Mr. Mukherjee relied on the judgment of the supreme Court in the case of Sankar Kumar Mondal v. State of Bihar and ors. reported in 2003 (9) SCC 519 where the Supreme Court held that in the absence of a specific cut off date in the applicable service rules or in the advertisement inviting applications, the eligibility criteria for appointment to a post would have to be fulfilled within the last date for submission of applications. ( 31 ) THE aforesaid principle of service law enunciated in the context of eligibility criteria for appointment to posts, such as the requisite age and/ or educational qualifications and/or experience and/or other personal qualities and/or attainments of an incumbent can have no manner of application to the recognition of an institution. ( 32 ) THE criteria for consideration of an application for recognition of an institution is entirely different. Such an application is considered on the basis of factors, such as, financial capacity to establish and run the institution, possession of land and buildings as per specifications, adequate infrastructure and the like. The pre-requisites have to be acquired for the purpose of establishment and affiliation of institutions. ( 33 ) IN the case of recognition of institutions, the principles for award of dealerships, distributorships and the like would apply, where an applicant is tentatively selected on the basis of factors such as, financial capacity, suitability of proposed site etc. and thereafter given a deadline for completing infrastructural requirements. ( 33 ) IN the case of recognition of institutions, the principles for award of dealerships, distributorships and the like would apply, where an applicant is tentatively selected on the basis of factors such as, financial capacity, suitability of proposed site etc. and thereafter given a deadline for completing infrastructural requirements. ( 34 ) THE Information Brochure supplied by the Respondent Board along with the prescribed form for recognition of Primary Teachers' Training institute from the year 2004-2005 clearly provided that Primary Teachers' training Institutes would be considered for recognition only if the sponsors were able to ensure that they had adequate land, buildings and other infrastructure which could be transferred to the proposed PTTI permanently on lease of at least 99 years, by a registered instrument of transfer. ( 35 ) IT is, therefore, clear that a Primary Teachers' Training Institute cannot be denied recognition on the ground that the land and buildings were held in the name of the Society and not in the name of the Institute. If the sponsors were able to satisfy the Respondent Board that they had adequate land and buildings which could be transferred to the Primary teachers' Training Institute either permanently or on 99 years lease within the time stipulated by the Respondent Board, the Primary Teachers' Training institute would have to be considered for recognition. ( 36 ) THERE can be no doubt that an institution applying for recognition must comply with the Rules and Regulations framed by the recognizing body. ( 36 ) THERE can be no doubt that an institution applying for recognition must comply with the Rules and Regulations framed by the recognizing body. There can be no question of recognition of an institution which does not conform to the Rules and Regulations for recognition framed by the affiliating body At the same time, an application for recognition cannot be thrown out on flimsy, untenable grounds such as the Institution not having land in its own name, on the date on which the application for recognition was submitted or on the date of the inspection ( 37 ) AS per the Regulations, there are certain preconditions for recognition of Primary Teachers' Training Institute The Institute is required to be located in a noise free, pollution free area having good communication facility with the nearest town and to maintain such distance from an existing institute as not to be injurious to that institute or its students The preconditions are subjective, for no institute in an urban or semi-urban area or even a very small town could be totally noise free and totally pollution free Similarly, there cannot be any standard, invariable norm for determining injury to an existing Primary Teachers' Training Institute ( 38 ) THE applicants for recognition of Primary Teachers' Training institutes may be financially sound Non-Government Organizations as argued by Mr Mukherjee Even the most financially sound organizations cannot embark upon a project for establishment of an institution without some assurance of affiliation upon fulfilment of infrastructural requirements it would, however, be totally unreasonable to expect that an entrepreneur, no matter hos solvent, to invest lakhs of rupees in constructing buildings as per the specifications of the Respondent Board even before approval of the site, at the risk of rejection of the application for recognition, not on the ground of lack of any of the mfrastructural requirements, but on the ground of unsuitability of the location as per the subjective assessment of the respondent Board ( 39 ) THE Regulations framed by a statutory authority in exercise of powers conferred by statute, must be interpreted in a manner that makes the same reasonable, fair, free from arbitrariness and non-discriminatory ( 40 ) THE Regulations read with the Brochure must be construed to mean that while applying for recognition of a Primary Teachers' Training institute, the applicant would be required to satisfy the Respondent Board that there was sufficient land available which, if approved by the Respondent board, could be obtained by the Primary Teachers' Training Institute either permanently or on long term lease of not less than 99 years, within a date which the Respondent Board might stipulate ( 41 ) THE question of commencement of construction and/or reconstructions as per the specification of the Respondent Board can only arise after approval of the location Needless to mention that once the location is approved, and the applicant is given the green signal to proceed, the other conditions of recognition would have to be fulfilled within the dates specified by the Respondent Board ( 42 ) IN this context, it would also be pertinent to note that the respondent Board is empowered under Regulations to grant recognition with conditions and also provisional recognition subject to fulfilment of certain conditions. The question of final recognition arises only when all the terms and conditions of recognition are fulfilled by the institution. The respondent board might grant provisional recognition or recognition with condition if the site is suitable, the area adequate and the applicant has the resources to complete the infrastructure within the time stipulated by the Respondent board. ( 43 ) THERE also appears to be another condition of recognition introduced in the Brochure in respect of the 2004-2005 session that is distance of at least 25 Kilometres from other recognized institute. The regulations do not, however, provide for any specific distance. As per regulation 13 the distance between an existing institute and a proposed institute shall not be such as would be injurious to the interest of such existing recognized institute or of the students thereof. No specific distance has been prescribed. ( 44 ) IN any case the institute in the instant case has not been denied recognition on the ground of existence of any other recognized institute within 25 kilometres. This Court need not, therefore, enter into the academic question of whether recognition to a Primary Teachers' Training Institute could be denied on the ground of existence of other recognized Primary teachers' Training Institute within 25 kilometres. ( 45 ) THE power to recognized Primary Teachers' Training Institute has been conferred on the respondent Board under Regulation 3 of the regulations. Under Section 20 (1) the President is responsible for carrying out and giving effect to the decisions of the Board and any committee thereof. Section 20 (2) provides that the President might in any emergency exercise any of the powers of the Board provided, however, that he shall not act contrary to any decision of the Board and shall within one month report to the Board the action taken by him together with reasons therefor. ( 46 ) IT is difficult to conceive with possible emergency there could be for the President to take a decision in the instant case where the last date for receipt of application for recognition was 30th September, 2003 and the respondent Board had at least 9 months between the last date of application and the date of commencement of the session. ( 47 ) ON a perusal of the regulations as also the information in the information brochure, it is clear that applicants need not have a building as per specification complete in all respects and in the name of the proposed institute on the date of the application itself. ( 48 ) AN applicant applying for recognition of a proposed institute should be in a position to indicate the site of construction of the proposed institute and also satisfy the Board of its capability to take possession of the site and commence immediate construction so that the buildings and other infrastructure could be complete as per specifications within a target date prescribed by the Board. ( 49 ) AN application for recognition of a primary institute cannot, therefore, be rejected on the ground that the land did not stand in the name of the institute itself or that the buildings thereon was not complete in all respects on the date of the application itself. ( 50 ) THE establishment of a primary institute involves huge finance. While the West Bengal Board of Primary Education is entitled to insist on compliance with rules and regulations, applications cannot also be cursorily rejected without application of mind on technical grounds. ( 51 ) REJECTION of an application on the ground that the land stands in the name of the founder body and not in the name of the institute itself would, in my view, be illegal. The West Bengal Board of Primary Education might, however, set a deadline for transfer of the land and buildings in the name of the institute and make such transfer a condition precedent for recognition. ( 52 ) THE writ application is disposed of in the light of the observations made above. The West Bengal Board of Primary Education shall set a target date for transfer of the land and buildings in the name of the institution and also target date for completion of the infrastructure. If on inspection it is found that the institute has complied with the rules and regulations regarding recognition, recognition shall be granted to the petitioners for the 2005-06 session. The impugned order dated 7th June, 2004 of the President of the respondent Board is set aside and quashed.