- (1.) Considering the urgency involved in this writ application as also the submissions of the learned Advocate appearing for the petitioners, this writ application is taken up for hearing treating the same as on day's list with the consent of the parties. This writ application is filed by the guardians of three students of Kankinara High School, District-North 24-Parganas assailing an order passed by the West Bengal Board of Secondary Education under Memo No. 14/Admin/14(4) dated January 28, 2014. By virtue of the impugned order the prayer of the petitioners for allowing their wards to participate in the ensuing Madhyamik Pariksha (Secondary Examination), 2014 was rejected. A prayer is also made in this writ application to allow wards of the petitioners, namely, 1. Sri Ashish Kumar Bharati, 2. Sri Suraj Kumar Shaw and 3. Sri Rishab Kumar Hazra as regular students of the above school.
(2.) The facts of the case are stated in a nutshell as under: The authority of the above school submitted requisite papers in respect of the aforesaid students along with other eligible students for registering their names for appearing in Madhyamik Pariksha (Secondary Examination), 2014 to be conducted by the respondent-Board. On September 26, 2013, the respondent-Board sent the scrutiny list for enrollment of the names of the regular students for participating in the above ensuing examination in respect of 470 students. The names of the students did not appear in the above scrutiny list. The petitioners filed an application under Article 226 of the Constitution of India in the matter of Ram Kumar Bharti & Ors. v. State of West Bengal & Ors. [In re : W.P. 32131 (W) of 2013]. On December 16, 2013, an order was passed in the above writ application directing the respondent-Board to issue registration certificate in respect of 413 students including three wards of the petitioners for registration of their names to participate in the ensuing examination.
(3.) The West Bengal Board of Secondary Education preferred an appeal assailing the above order in the matter of West Bengal Board of Secondary Education & Ors. v. Ram Kr. Bharti & Ors. (In re : AST 250 of 2013 and an application bearing ASTA 121 of 2013), a Division Bench of this Court disposed of the above appeal along with the following directions: "In our view, if the admission of the petitioners' sons in Class-IX of the said school is found to be regular in terms of the aforesaid office circular No. S/141 dated 4th July, 2008 issued by the Secretary of the West Bengal. Board of Secondary Education, then their registration cannot be denied by the Board. On the contrary, if it is found that their admission was irregular and/or not in accordance with the said circular, the Board may refuse to register them. Accordingly, we feel that before issuing any mandatory order, directing the Board to issue the Registration Certificates in favour of the petitioners' sons, an enquiry is needed by the Board for ascertaining the legalities of the admission of these three students in Class-IX of the said school. If ultimately after holding such enquiry, it is found that those three students were admitted in Class-IX in the said school in conformity with the provisions contained in the said aforesaid Office Circular and/or any other relevant Circulars and/or Regulations relating to admission issued by the competent authority, the Board should issue their Registration Certificates immediately after holding such enquiry. Be it mentioned here that since these students attended the classes in the said school regularly or not, or they appeared in the examination held by the school or not and/or their eligibility to appear in the Madhymik Pariksha (S.E) are not relevant factors for deciding the present issue as to whether they will be registered with the Board or not, the Board, while taking its decision on the present subject should not be swayed by any other factor save and except the legalities of their admission in class IX in the said school. In the event, the Board ultimately decides to reject their applications, the Board is required to pass a reasoned order in support of its conclusion and intimate its decision to the petitioners. Such exercise should be completed and the decision to be taken by the Board on the said issue should be communicated to the school as well as the petitioners positively by 28th January, 2014. While making such exercise, Board should also bear in mind that despite certain irregularities noticed by the Board as pointed out by Mr. Banerjee, learned senior Counsel before us, the Board permitted 647 students of the said Institution to be registered and allowed them to appear in the final Madhyamik Examination in 2011. Similarly, 822 students of the said Institution were registered by the Board which allowed them to appear in the final Madhyamik Pariksha in 2012 from the said institution as regular candidates. Similarly in 2013, the Board registered 806 students of the said Institution and allowed them to appear in the final Madhyamik Examination held in 2013, even though the Administrator appointed over the said school expressed his doubt about the bonafideness of bulk of such students who were so permitted to appear in the said Madhyamik Examination in 2013. By consent of the parties, we fix 20th January, 2014 at 11 a.m. for holding inspection of the school's records by the Board Officials relating to the admission of those students. Since the date of holding such inspection is fixed by this Court with consent of the parties, no formal notice about the date of holding such inspection need be served by the Board upon the school authority. The school authorities are directed to co-operate with the Board Officials in course of holding such inspection of the official records in the school premises and they should also supply all relevant documents relating to the admission of those three students to the Board Officials without fail. It is further made clear that in the event the entire exercise including communication of its decision cannot be completed by the Board by 28th January, 2014, then it will be presumed that Board has no objection in issuing the Registration Certificates in favour of those three students and in that event the Board will register them as students of the said Institution in Class-IX for the year of 2012 and issue Registration Certificates in their favour to the school authorities within 30th January, 2014. Needless to mention here that in the event the Board ultimately registers these three candidates as students of the said Institution in Class-IX therein in 2012, then the Board will allow the said students to fill up their respective forms for appearing in the Madhyamik Pariksha (S.E.) 2014 provided they fulfill the conditions for appearing in the Madhyamik Examination in 2014 as per the Examination Regulations issued by the Board on 3rd July, 2001 vide Office Circular No. S/488. The writ petition is thus disposed of. Both the appeal and the application are also disposed of. Urgent Photostat certified copy of this order, if applied for, be supplied to the learned Advocate for the petitioners immediately. (Jyotirmay Bhattacharya, J.) (Ishan Chandra Das, J.)";