- (1.) THE petitioner claims to be the husband of Smt. Chhandadipa Mondal, a Class-XII student of Pathar Pratima Ananda Lal Adarsha Vidyalaya (hereafter the school). Smt. Chhandadipa Mondal (hereafter the student) admittedly is a minor. THE petitioner has presented this petition under Article 226 of the Constitution, inter alia, praying for a direction on the Headmaster and the Secretary of the Managing Committee of the school, respondents 4 and 5 respectively herein, as well as the Secretary of the West Bengal Council of Higher Secondary Education (hereafter the Council), respondent no.6 herein, to allow her take the Higher Secondary Examination, 2011 to be conducted by the Council in March/April, 2011 as a very special case.
(2.) THE petitioner claims that after his marriage with the student was solemnised on May 2, 2010, she went to the school for continuing her study in Class-XII. However, the respondent no.4 prevented her on the ground that being married she would spoil the other unmarried students of the school. Repeated requests made by the petitioner and the in-laws of the student fell on deaf ears and she was not allowed to resume classes. THE respondent no.4 ultimately agreed to permit the student to take the Test Examination. Such examination is considered to be a just and proper preparation for school students who intend to take the Higher Secondary Examination conducted by the Council. It is alleged that in November, 2010, the student had been to the school to collect admit card for taking the Test Examination. However, the respondent no.4 refused to issue admit card to the student on the ground that she had not attended regular classes and, therefore, was ineligible to take the Higher Secondary Examination. Representations were made to various authorities, including the respondent no.6 herein, seeking remedy but the same proved abortive, except that the concerned Block Development Officer called the parties for a hearing. Realizing that the said officer is not competent to grant relief and finding no other option, the petitioner invoked the writ jurisdiction. The respondent no.4 opposed the writ petition by filing counter affidavit. It is claimed therein that the student absented from April 26, 2010 without intimation. He was initially urged and thereafter threatened to allow the student to take the Test Examination days before the same commenced on November 21, 2010. The claim of the petitioner that the student approached the respondent no.4 in November, 2010 has been countered by averring that the school was closed on account of Puja Vacation from October 14, 2010 till November 7, 2010 as well as on November 8, 2010 owing to the death of a former Chief Minister of the State of West Bengal. The suggestion, therefore, is that the claim is false. Mr. Jana, learned advocate representing the respondent no.4 has urged that no relief be granted on this petition which is based on falsehood. That apart, it is his submission that the student has not submitted project work on the paper of Environment Science and also not attended the practical classes of Geography paper; hence, she would not be adequately prepared to take the Higher Secondary Examination.
(3.) DR. Patra, learned advocate for the Council fairly conceded that the student is a victim of circumstances but did not hesitate to contend that she is not eligible to take the Higher Secondary Examination, not having attended the requisite number of classes. I have heard learned advocates for the parties and considered the plight of the student with the care and sympathy the same deserves. I shall assume that the petitioner, on behalf of the student as next of friend, has presented the petition and, therefore, do not propose to dismiss it on the ground of lack of his locus standi. After all, a student belonging to the weaker class has expressed interest to pursue further study even after her marriage. Very soon, she is likely to be in the family way. So long her urge to learn subsists, the Court ought to encourage her. The petition, therefore, calls for a decision on its merits.;