Tapen Sen, J. - (1.) IN this Writ Petition 19 (nineteen) Writ Petitioners have joined together with a prayer that the Respondents be directed to allow them to fill up the forms pertaining to B.A. Part-II Examinations of 2011. They have also prayed for setting aside the 3rd list published on 14/12/2011 to the extent it disqualifies them to appear in the said Examinations. They also pray that the University be commanded to extend the time for filling up the forms as a ?special case? by relaxing the last date and not to discriminate as against the Petitioners.
(2.) THE petitioners claim to be regular students of Milli Alalmeen College (for Girls). THEy are students of the B.A. Part-II Course and they were found fit and eligible to participate in the B.A. Part-II Pass/Honours Examinations for the year 2011. THEy have stated that they have a common cause of action and therefore, they have joined in one Writ Petition. According to the petitioners, after the Test Examinations were over, in which they had participated and performed well, they were shocked to note from a Notice of the College being the IIIrd List, that they had been disqualified to appear in the said B.A. Part-II Examinations for 2011. THEy have stated that those who had failed in more than one honours or general subject, and those who were not sent up for the said Examinations, were mentioned in the 3rd list and the names of the Petitioners appeared therein also. Annexure P-1 is the said 3rd list. According to the Petitioners, it would be appear from the 3rd list that the Petitioners were mainly disqualified on the ground of less percentage of attendance and some, were however shown to have failed in some of the subjects. However, the Petitioner nos. 1,2,3,5,6,9 and 11 were disqualified because of low attendance although they had been regularly attending the College. THEre were however, some minor lapses in their attendance. So far as the Petitioner nos. 4,7,8,12,13,14,15,16 and 19 are concerned, they were disqualified on the ground of failure in one or two subjects. So far as the Petitioner no. 10 is concerned, she was not sent up on the ground that she had not given her IHCG and also had low percentage of attendance. Petitioner no. 17 was shown to have been disqualified because of absence in both General Subject Examinations without any reason and attendance was also said to be low. The Petitioners have stated that one Nahid Kauser who was shown as disqualified for having failed in two general subjects and for having poor attendance, was however subsequently granted permission with a warning after having been allowed to appear in a Supplementary Examination and a notice to that effect was published on 22/3/2011 vide Annexure P-3. She was also allowed to fill up the University Registration Form. Similarly, one Shadmana Naushad, vide Roll No. 71 of the 3rd List, was initially not allowed for having failed in IHCG and also for having low attendance was however, subsequently, allowed with warning by the same notice dated 22/3/2011 as contained in Annexure P-3. Uzma Sultana placed in the 3rd list vide Roll no. 57 was similarly initially not sent up but by the same notice dated 22/3/2011 she was also allowed and permitted to fill up the University Registration Form. Shamina Khan with Roll no. 66 had also been initially not allowed vide Annexure P-1, but she was also subsequently permitted by the same Notification dated 22/3/2011, referred to above.
(3.) THE Petitioners filed a Representation dated 17/3/2011 addressed to the Teacher-in-Charge, vide Annexure P-2, wherein they stated that they were regularly present but the Teacher refused to take classes on one pretext or the other saying that they should not worry with their attendance as the same would be given before being sent up. Sometimes attendance was taken on loose-sheets of paper with an assurance that they would be duly marked in the attendance register. In spite of the aforementioned representation having been filed on 17/3/2011, no action was taken but the four students, named above, viz. Nahid Kauser, Shadmana Naushad, Uzma Sultana and Shamima Khan were allowed to fill up the Registration Forms for B.A. Part-II Examinations. On 25/3/2011, the Petitioners sent another representation before the Secretary of the College, wherein they pointed out the aforementioned discrimination vis-a-vis the four students who had been picked up from the 3rd list for being allowed to fill up the Forms and requested an urgent intervention in the matter. It is stated that on the basis of the aforementioned representation, the Governing Body caused an enquiry to be made by one Professor Gholam Sarwar, who submitted his Report on 31/3/2011 vide Annexure P-5. In the said report, he stated that during discussions with Dr. Zarina Khatun, the Teacher-in-Charge of the College, the case of one Shahnila Sadaf, a student of B.A. 2nd year (English Honours) who, in spite of having 80 per cent of attendance and securing good marks had been debarred, was taken up, and in reply, it was pointed out by the said Teacher-in-Charge that overall attendance of all the students had been considered. Apart from saying so, the Teacher-in-Charge remained unmoved and denied to accept anything and therefore, according to the Report, it was evident that the contention of the students had some substance and accordingly, a suggestion for a thorough inspection by a neutral agency was made. Thereafter, on 6/4/2011, the Secretary of the Governing Body, lodged a complaint with the Officer-in-Charge, Beniapukur Police Station, Kolkata, wherein he stated that the Teacher-in- Charge of the College had intimated him on the same day at about 3 p.m. that the Attendance Registers of the students of the 2nd year Honours and General classes for the Session 2010-2011 had been misplaced from the staff room of the College. He also pointed out that a complaint with regard to the disappearance of the Registers had been made to the Teacher-in-Charge by the full-time and parttime Teachers of the college through a letter dated 31/3/2011 which was received in the College office on 01/4/2011. According to the complainant, the incident took place following the protests of the guardians of the students after declaration of the sent up results by the Teacher-in-Charge who did not allow 33 students to fill up the Forms for appearing in the B.A. Part-II Examinations, 2011 as they did not have the minimum attendance and as some of them, had failed to qualify in the internal Tests. The report also complained that the attendance registers of only 2nd year students had been misplaced following complaints from some of the students regarding marking of the attendance registers.;