Judgment : Asim Kumar Mondal, J. This writ application under Article 226 of the Constitution of India has been filed by the petitioners alleging inaction on the part of the respondents authority namely the Chairman, Ad-hoc Committee, District Primary School Council, Murshidabad and District Inspector of Schools (Primary Education), Murshidabad, the Circle Inspector, Primary Education Bhagabangola , South Circle, District Murshidabad, the director of School Education Primary Branch, west Bengal Bikash Bhavan, Salt Lake, Kolkata and the State of West Bengal through the Secretary, Education Department, Bikash Bhavan, Salt Lake to consider the applications and representations of the petitioners for recognition of Benipur Girls’ Primary School. It is the case of the petitioners that the village Benipuris the most backward area under Ranitala Police Station in the District of Murshidabad and there was / is no girls’ primary school within the distance of 4 and 5 miles from the village Benipur. The villagers of Benipur erected a school building upon a plot donated by one Erfan Ali Mondal consisting of four class rooms for girls students. T he villagers also formed a committee for running the said school. The Secretary of the said managing committee duly informed the District Primary School Board for granting recognition of Benipur Girls’ Primary School. The office bearers of the Managing Committee appointed the petitioners as Headmaster and Assistant Teachers of the said school through a resolution dated 30.03.1974. The petitioners have been functioning since long as a teaching staff without any remuneration. The President (Chairman), Ad-hoc Committee, Murshidabad District Primary School Council made an inspection of Benipur Girls Primary School through the Inspector of Schools and it is alleged that the Inspector of Schools Primary Education submitted report to the District Primary School Council recommending for recognition of the school as well as the approval of the teaching staffs. The respondent No. 1 did not take any positive action for recognition of the said schools and approval of the petitioners as teaching staffs. On a writ application before this Court being Civil Order No. 4637 (W) of 1985 this court was pleased to direct the respondents to consider the prayer of the petitioner in accordance with law. Accordingly in pursuant to the order of this Court the President, Ad-hoc Committee, Murshidabad Primary School Council issued notice to the petitioners to appear before him for adjudication of their claim. Accordingly in pursuant to the order of this Court the President, Ad-hoc Committee, Murshidabad Primary School Council issued notice to the petitioners to appear before him for adjudication of their claim. The petitioners duly appeared before respondent No. 1 and submitted their papers and documents. The respondent No. 1 did not consider the case of the petitioner as per order of the Hon’ble Court and did not supply any reasoned order to the petitioners. As such the action of the respondents is not granting recognition and appointment of the petitioners are highly illegal, malafide and without jurisdiction. The petitioners being aggrieved by and dissatisfied with the inaction on the part of the respondents have preferred the present writ application on the ground that the petitioners are entitled to get appointments with the recognition of the school as they have been working in the said school as organising teachers since long further that in view of the provisions of Article 14, 16 and 30A of the Constitution of India the petitioners are entitled to be recognised as teaching staffs of Benipur Primary Girls’ School as the petitioners have passed the golden part of their lives for the better cause for eradicating illiteracy among the girls of the locality. Mr. Harun-Al-Rashid appearing on behalf of the petitioners submits that the petitioners are the organising teachers of the Benipur Girls’ Primary School in the district of Murshidabad. The petitioners have been working in the said school since long without any remuneration. The Secretary of the said school submitted applications of recognition and approval of the appointment of Benipur Girls’ Primary School as there is no primary school for girls in the locality. The respondents made an enquiry and submitted report to the President (Chairman), Ad-hoc Committee, District Primary School Council, Murshidabad for recognition of the said school. The learned Counsel refers the provisions of West Bengal (Rural) Primary Education Act, 1930 and the different memorandum setting of a new primary school in the sub-urban areas. It is also submitted that the organiser, teachers of the said school are entitled to get recognition of the school and approval of teachers in accordance with the provision of West Bengal (Rural) Primary Education Act, 1930. It is also submitted that the organiser, teachers of the said school are entitled to get recognition of the school and approval of teachers in accordance with the provision of West Bengal (Rural) Primary Education Act, 1930. The Benipur Girls’ Primary School was established and organised by the petitioners before enforcement of new rule 3D as such old rule 3D will prevail for redressal of the reliefs of the petitioners. The said school is functioning since 1974. The present Managing Committee also submitted the application before the Chairman, District Primary School Council for recognition of the school. Learned Counsel have submitted that the amended Section 60 and 105 of the West Bengal Primary Education Act, 1973 is not applicable in this case as there is no girls’ school within 7 – 8 Km. Of the Benipur under Ranitala Police Station. But the respondent Chairman, Murshidabad District primary School Council did not take any steps for recognition of the said school. It is also submitted that the amended Rule 3D published in Calcutta Gazette on 11.09.1980 and as such the same cannot have retrospective operation or retrospective effect. On perusal of the record it appears that the respondent Nos. 1 and 3 filed affidavit-in-opposition under filing No. 23037. The said affidavit-in-opposition was submitted by the Law Assistant of the District primary School Council. The learned Counsel appeared on behalf of the respondents submitted that the application is not maintainable in the light of the law and provisions prevailing today as the petitioners have lost their right to be appointed as organiser-teachers in terms of the old rule 3D, after new rule 3D came into force in 1980. It is further submitted that there was no provision for appointment of any organiser - teacher of Rural Primary School after promulgation of amending the rule 3(D) vide notification No. 713 Edn (P) dated 11.04.1080. The State Government has amended the Section 60and Section 105 of the Principal Act, 1973 regarding recognition of school by an amendment in the year 1996. So, there is no provision of fresh recognition to any institution imparting primary education exists. Admittedly in course of the pendency of the present writ application the names of writ petitioner Nos. The State Government has amended the Section 60and Section 105 of the Principal Act, 1973 regarding recognition of school by an amendment in the year 1996. So, there is no provision of fresh recognition to any institution imparting primary education exists. Admittedly in course of the pendency of the present writ application the names of writ petitioner Nos. 2, 3 and 4 have been expunged from the writ application due to their death and the petitioners No. 5, 6 and 7 have been added as Assistant Teachers of the school later on. So, learned Counsel for the respondents submitted that they cannot claim themselves as organiser - teachers. Learned Counsel appearing on behalf of the respondents submits that claim should be governed by the ratio of the judgement delivered in the matter of West Bengal Board of Secondary Education & Ors. Vs. The State of West Bengal & Ors. Reported in 1997 (1) CLJ 165. According to the petitioners, in view of the directions of Hon’ble High Court, the President Ad-hoc Committee, Murshidabad Primary School Council issued notices to the petitioners to appear before him for the adjudication of their claim and the petitioners duly appeared before respondent NO. 1 and submitted their papers and documents in concern of the Benipur Girls’ Primary School for recognition of the said school and its appointment of the petitioners as Headmaster and Assistant Teacher of the said school. But the respondent no. 1 did not pursue the records of the said school and the appointment of the petitioners as teaching staffs. The respondent No. 1 did not consider the case of the petitioners as per order of the Hon’ble High court and did not pass any reasoned order and communicated to the petitioners. According to the submission of learned Counsel for the petitioners that still the matter is pending before District primary School Council as there is no communication on their part to the petitioners informing the fate of their applications. In view of the ratio of the judgment delivered in the matter of West Bengal Board of Secondary Education Vs. the State of West Bengal & Ors. In view of the ratio of the judgment delivered in the matter of West Bengal Board of Secondary Education Vs. the State of West Bengal & Ors. Reported in 1997 (1) CLJ 165 I direct the President, District Primary School Council, Murshidabad to take a decision in the matter with regard to the recognition of Benipur Girls’ Primary School situated at village Benipur, P.O. – Akheriganj, P.S. Ranitala in the district of Murshidabad and approval of appointment of the petitioners as teaching staff in accordance with the provisions of law within a period of two months from the date of communication of the judgement by passing a reasoned order. The respondent authorities are directed further to communicate its decision to the petitioners within two months thereof. Thus the writ petition stands disposed of. There will be no order as to costs.