Amitava Lala J. - (1.) Both the writ petitions are arising out of common cause of action. Leaving aside the technicalities in merit such cause of action is in relation to admission or non-admission of the external students of Class IV standard of different schools Class V standard of a well-known school of Calcutta named as 'Patha Bhavan'. It has been described that school has its own heritage and value of education. The sensation as created in respect of the matter in the school, the seriousness of the Counsels and the agony in eyes of litigants present in the Court, support such description. Therefore, Court can take judicial notice of the same. Before going into the cause of action I want to clarify one aspect of the matter. Names of the two eminent personalities of the educational field of the State were taken by the learned Counsels on numerous occasions before the Court. They are Dr. Santosh Bhattacharya and Prof. Sanat Bose. One was erstwhile Vice-Chancellor of University of Calcutta and another was retired Professor of Indian Institute of Management, Calcutta. They have made their marks in various educational fields. It is not desirable that this Court take note of any personal attack. Value of the chair of the Apex Court of the State does not speak for the same. On the other hand, humbleness gives rise to the dignity of the chair. My endeavour is strictly restricted to the cause of action.
(2.) In analysing the cause of action I find that the petitioners plea is that either all the external students including 'Patha Bhavan (Montessori and Primary)' will sit for the admission test to get admission in Class V standard of the 'Patha Bhavan (Secondary)' or all of them will be allowed to give admission without any admission test. The logic behind making such submission is that 'Patha Bhavan (Montessori and Primary)' is not the integral part of 'Patha Bhavan (Secondary)'. There cannot be double system of admission of students in Class V standard of the institution i.e., 'Patha Bhavan'. It is a clear case of discrimination.
(3.) The other plea is that the petitioners were allowed to deposit admission fees for their wards for direct admission much before the direct admission given to the pupil of 'Patha Bhavan (Montessori and Primary)' to 'Patha Bhavan (Secondary)'. Therefore, they legitimately expect admission of the wards without admission test. Such deposits cannot be made subject to the admission test.;