WP(C) 4561/2011 BEFORE THE HON’BLE MR JUSTICE I.A. ANSARI Heard Mr. D.K. Sharma, learned counsel, for the petitioners, and Mr. M.R. Pathak , learned Standing Counsel, Education Department, for the respondent No.1. Heard also Ms. M. Bordoloi, learned counsel, for the respondent Nos.2, 3 and 4. The basic grievance of the petitioners is, in brief, thus: The petitioner school , namely, Garhali Bholanath Girls’ M.E. School, according to the petitioner, was established as far back as on 18.01.96 in Hathkhola village of Salbari Sub-Divi sion of Baska district. Though the petitioners claim to have applied for permiss ion to be granted for running the school, no such permission was granted until t he year 2007. By making a representation, dated 19.01.2011 (Annexure H to the wr it petition), addressed to the respondent No.2, namely, Director of Education, B odoland Territorial Council, Kokrajhar, the petitioners have sought for three sp ecific reliefs, namely, (i) the permission to run the school be granted with ret rospective effect, (ii) school be also recognized with retrospective effect and (iii) accord financial assistance to the school, which has been running without any Govt. assistance since the year 1996. Considering the fact that the school, in question, was established without any p ermission having been given by the State respondents, the question of granting p ermission, with retrospective effect, does not arise at all nor does the request of recognition of the school with retrospective effect can be legally entertain ed. As the petitioner school has been granted permission in the year 2007, this granting of permission has to be treated as prospective effect. The respondents are, however, duty bound to consider the petitioner school’s request for accordi ng requisite recognition. Though recognition, which the petitioner school has so ught for, cannot be granted with retrospective effect, the respondents need to e xamine, in the light of the relevant Govt. policy/guidelines and the law, the pe titioner school’s request for according them recognition and pass appropriate or der. The respondents are also liable to examine the petitioner school’s case in the light of the relevant Govt. policy/guidelines and the law for the purpose of taking a decision as to whether the petitioner school is entitled to receive fi nancial assistance/grant by the respondents/authorities concerned. Considering the matter in its entirety and in the interest of justice, this writ petition is disposed of with direction to the respondents, particularly, respon dent No.2, namely, Secretary, Education Department, Bodoland Territorial Council , Kokrajhar, to examine, in the light of the relevant Govt. policy/guidelines an d the law, the petitioner school’s request for according recognition and also fi nancial assistance in the light of what have been discussed and held above. The whole exercise, so directed, shall be completed within a period of three months from the date of receipt of a copy of this order by the respondent No.2, namely, Secretary, Education Department, Bodoland Territorial Council, Kokrajhar. The p etitioner may furnish to the respondent No.2, namely, Secretary, Education Depar tment, Bodoland Territorial Council, Kokrajhar, a certified copy of this order a long with a copy of this writ petition and annexures thereto. Whatever decisio n(s) is/are reached by the respondent No.2, namely, Secretary, Education Departm ent, Bodoland Territorial Council, Kokrajhar, the same shall be communicated, in writing, to the petitioners. If the petitioners feel aggrieved by the decision( s), which may be taken, or by the order(s), which may be passed by the responden t No.2, they shall remain at liberty to take recourse to such provisions of law as may be permissible.