JUDGMENT : 1. This writ application has been filed by The Managing Committee of Sri Hanuman Jute Mills Hindi High School, Secretary of the said Managing Committee, Headmaster, eight Assistant Teachers and one non-teaching staff of the said School. By filling the writ application the petitioners have challenged an order passed by the Commissioner of School Education (Commissioner, in short, hereafter) bearing Memo No. 504/1 (17)- LS/1C/317/LS/2014, date: illegible, communicated by the Deputy Director of the School Education dated 1st August, 2017. 2. Sri Hanuman Jute Mills Hindi High School (the School, in short, hereafter) was initially run by a Jute Mill namely Sri Hanuman Jute Mills (the Jute Mills in short). According to the petitioners, from the very inception of the School it was a Dearness Allowance getting School (hereinafter referred to as the DA getting School). The School was upgraded to class XII in the year 1977 and recognised by the West Bengal Council of Higher Secondary Education on 27th August, 1977. 3. The petitioners say that some financial help under the salary deficit scheme was granted by State Government which was stopped from the year 1984 and the Jute Mills was discharging the financial burden since then but in the year 1985 the Jute Mills stopped providing financial aid to the School and as such the Management of the School became an independent body and took the decision to approach the State Government for bringing the School under Grant-in-aid Scheme. Petitioners further State that in September 14, 2005 the School took a decision to approach the State Government to take up the entire financial liability under Grant-in-aid Scheme so that the teaching staff of the said School did not have to face any hardship for stoppage of financial assistance given by the Jute Mills. 4. Therefore, the School wanted to be converted from a DA getting School to a Non-Government aided School under Grant-in-aid Scheme. 5. For that purpose by letter dated 16th September, 2005 the School forwarded relevant material documents to the concerned State respondent. In December 2005 the District Inspector of Schools (Secondary Education), (hereinafter referred to as the DI), forwarded the School's prayers to the Director of School Education; in reply to which the DI was directed to make inspection of the said School in October 2006. In December 2005 the District Inspector of Schools (Secondary Education), (hereinafter referred to as the DI), forwarded the School's prayers to the Director of School Education; in reply to which the DI was directed to make inspection of the said School in October 2006. The School was inspected on 27th July, 2009 and the DI directed the School to send necessary papers/documents for taking further step in this regard and the School in July 2009 furnished all such documents to the DI. But the concerned authority in February 2010 rejected the prayer of the School for the reason that the matter was not coming within the existing law. 6. After four years from such rejection (i.e. in February 2010) the petitioners filed one writ application being W.P. No. 30042 (W) of 2014 (Managing Committee of Sri Hanuman Jute Mills Hindi High School -versus- the State of West Bengal & Ors) wherein this Court on 13th January, 2017 directed the Commissioner to pass a speaking order after giving an opportunity of hearing while considering the application for the Grant-in-aid Scheme. The Commissioner of School Education considered the matter by giving opportunity of hearing and rejected it by his order of August 2017 (date illegible) communicated to the School by the Deputy Director of School Education, West Bengal dated 1st August, 2017. 7. The Commissioner of School Education rejected the prayer mainly on the ground that the petitioners failed to produce any Government Orders/Rules for conversion of DA getting Schools to Non-Government aided Schools which could not be produced by the petitioners. 8. In this matter the respondent State filed one affidavit-in-opposition with several defects and by my order dated 13th February, 2019 I declined to place any reliance upon the said affidavit and it was rejected. However, an opportunity was granted to both the parties to file short notes of argument. 9. The petitioners and the State respondent filed their written notes of arguments. The State made much delay in filling its written notes and after serving notice upon the Learned Advocate of the Petitioner State's written notes was filed on 8th April, 2019 with a copy of the petitioners. 10. I have considered the pleadings and the written notes of the petitioner and the written notes of the State Respondent. 11. The State made much delay in filling its written notes and after serving notice upon the Learned Advocate of the Petitioner State's written notes was filed on 8th April, 2019 with a copy of the petitioners. 10. I have considered the pleadings and the written notes of the petitioner and the written notes of the State Respondent. 11. While challenging the order of the Commissioner of School Education as mentioned above the petitioners have submitted that the said order is patently illegal; without reason and not backed by any reason; a product of whims and fancies of the concerned department etc. But why it was illegal and why it was alleged that it was without reason etc. have not been explained or demonstrated by the petitioners. 12. In the written notes of argument of the State it has been stated that there is no Government Orders/Circulars/Rules relating to the conversion of a DA getting School to a Non-Government aided School. Such opportunity was once granted in the past to such DA getting Schools for conversion by exercising option to come under full salary deficit scheme ; this opportunity was granted by GO No. 539-Edn(S) dated 20.04.1978 read with GO No. 885- Edn(S) dated 31.07.1979. At that point of time the School did not exercise such option and now in absence of any such Rules or Orders or Provision such conversion cannot be made. 13. On perusal of the impugned order of the Commissioner of School Education it is found that the Commissioner gave several opportunities to the petitioners for producing any Rules/Government Orders etc. to show that such conversion of a DA getting School to a Non-Government aided School can be done, which the petitioners have not been able to do. 14. Thus in view of a fundamental principle for issuance of writ of Mandamus or order in the nature of Mandamus that if there is a legal right to the petitioner and a corresponding legal duty of the respondent and such right is violated by the respondent by not doing the duty despite having the corresponding duty, a writ of Mandamus can be issued. In the present case this principle is not satisfied. The petitioners have not been able to show that they have a legal right for conversion of the DA getting School to a Non-Government aided School and the respondent has a corresponding legal duty. In the present case this principle is not satisfied. The petitioners have not been able to show that they have a legal right for conversion of the DA getting School to a Non-Government aided School and the respondent has a corresponding legal duty. In absence of such right no question arises as to showing that there is a corresponding legal duty upon the respondent authority for conversion of the School and thus the petitioners' case fails. 15. The petitioners filed one supplementary affidavit enclosing therein some documents showing that the teachers and non-teaching staff of the School are approved staff of the D.A. getting School. Such facts do not have any bearing on the case of the petitioners. In the said supplementary affidavit an order of this Court dated 02.08.2017/04.08.2017 passed in W.P. No. 13946 (W) of 2016 (Sri Bhagawati Tripathi & Ors. -versus- The State of West Bengal & Ors.) has been annexed. This judgment does not lay down any law; it only directs the Principal Secretary of School Education to pass a fresh order with reason. Therefore, the judgment and order passed in the said writ application cannot be used by the petitioners to their advantage as no law has been laid down by this Court. 16. The petitioners have also relied on an order issued by the School Education Department of Government of West Bengal whereby Batanagar Girls' High School and Batanagar Boys' High School were converted, to Non-Government aided educational institutions from 1st April, 2010 from D.A. getting Schools. The petitioners have stated that as their case is identical to the case of Batanagar Girls' High School and Batanagar Boys' High School the similar principle is to be applied in their case and their School be converted. From the notification dated 23.04.2010 relating to conversion whereby Batanagar Girls' High School and Batanagar Boys' High School were converted, annexed to the writ application (at page 44), it is found that the Bata India Limited, the Company (who used to run the School) after being sick had declared its intention to discontinue the regular amount of financial grant for the full time approved Teachers of the two Schools and intended to legal transfer of the land, building, water supply, electric connection to the School/ Collector of the 24 Parganas District. Such declaration was considered for conversion. Such declaration was considered for conversion. In the present case no such declaration of the Jute Mills is found. Thus the case of the petitioner has no similarity, let alone identicality, to the Batanagar Schools matter. 17. On the basis of the discussion made above I do not find any merit in the case and the writ application is dismissed. 18. No costs.