A.Chakrabarti, J. - (1.) This writ petition was heard along with W.P. No. 19524 (W) of 2001. 47 students represented by their respective guardians filed two present writ petitions seeking relief of appearing in the Secondary Examination 2002. Facts relevant for disposal of the present proceedings are that the petitioners were students of Class IX of various schools and were unsuccessful to get promotion from class IX to Class X and were issued transfer certificates from their respective schools with endorsement "had not passed in Class IX." Apprehending loss of an academic year the respective guardians of the petitioners approached the teacher-in charge of Howrah Akshaya Sikshayatan who gave out to the guardians of the petitioners that if the petitioners succeed in admission test to be held by the school for admission in class X they can be admitted to the said school and would be allowed to appear in the Secondary Examination in the year 2002, if they pass the test examination. The petitioners appeared in the admission test and were successful and were accordingly admitted to the said school. After prosecute their study in class X the petitioners appeared in the test examination and were successful. Names of the petitioners were forwarded by the school authorities to the West Bengal Board of Secondary Education (hereinafter referred to as the 'Board') on July 30, 2001 and the entire amounts deposited by the respective petitioners towards registration fees were deposited by the school authorities with the Board which in its turn received the same amounts. The petitioner continued to pursue their study and appeared in the text examination as aforesaid in December, 2001. Suddenly on or about December 20, 2001 the petitioners were told by the school authorities that the prescribed forms were not supplied for being filled up by the petitioners and were informed by the respondent No. 7 that such refusal was by the Board in view of change in the rules.
(2.) Immediately the petitioners moved the present writ petition whereon an order was passed on December 28, 2001 by another learned single Judge during Winter Vacation of the High Court directing the Board to register the names of the petitioners and to issue their forms for the purpose of appearing in the ensuing Madhyamik Examination, 2002 which will be subject to the result of the writ petition.
(3.) Mr. Bikash Ranjan Bhattacharjee, learned counsel appearing for the respondent Nos. 1 to 4 agreed to final disposal of the writ petition at this stage without filing any affidavit-in-opposition though they did not admit the allegations made in the writ petition. Mr. Suprokash Banerjee, the learned counsel for school authority also agreed to final disposal of the writ petition on available materials and supported the contention of the petitioners.;