Decided on October 07,1996

Sk. Abdul Rahim Appellant
Judhisthir Rout Respondents

Referred Judgements :-



- (1.)This is an application for stay of the operation of the order dated 20th Aug., 1993, passed by the learned trial Judge in C O. No. 9898 (W) of 1996. The learned trial Judge has passed the following order; -
"by directing the respondent No. 5, the Headmaster, Baghasty Union Hari Cbaran S.C. High School, Baghasty, Midnapore, viz. you, inter alia, to admit the wards of the petitioners, if they are otherwise entitled to on the basis of the affidavits affirmed by the petitioners. Since the matter is extremely urgent, and as such you are requested to take immediate necessary steps regarding admission of the wards of the writ petitioners as per direction passed by His Lordship."

(2.)The School authorities being aggrieved by and dis-satisfied with the said order has moved this Court for stay of the operation of the order and setting aside the order passed by the learned trial Judge. This concerns the admission of four boys out of six who were waiting for admission in Class-V in Baghasty Union Hari Charan S.C. High School, District-Midnapore The trouble started with regard to the pi oof of age of the students. It is an admitted position that these boys sat for admission test and they were duly qualified and proved to be successful for the purpose of their claim for admission in the school and that they were not admitted on the plea that the certificate issued by the school concerned which was run by Ananda Margi could not be accepted by them and on this issue of admission of these boys much water has flown across the river Ganges which is not desirable and which is subversive to the education. We have to bear in mind the observation made by the Supreme Court in Unni Krishnan, J.P & Ors. Vs. State of Andhra Pradesh & Ors. reported in AIR 1993 SC 2178 , wherein the Supreme Court has said in no uncertain terms that right to education for below the age of 14 years is a right to life within the meaning of Art. 21 of the Constitution and the State is under an obligation to provide free education to these boys. Accordingly on some pleas and pretext we are not inclined to destroy the academic career of the students for the purpose of admission of these boys. It appears that the District Inspector of Schools (S.E.), Midnapore who is in change of the administration of the schools in West Bengal as under the Law has directed to admit the students on the basis of declaration made by the father/mother recording the date of birth, but in spite of this admission has not been made. the Block Development Officer under order of the Sub-Divisional Officer, Kharagpur had taken up the matter but faded. Under such circumstances, the parents of the boys had to move an application before this Court and whereupon the learned trial Judge passed the order as mentioned above. Our attention has been drawn by the learned Senior Counsel appearing on behalf of the respondents, the procedure for recording the date of the birth of the pupil in Admission Register of a Secondary School, in the said circular which provides that "at the time of admitting a pupil to a recognised High School for the first time, the Headmaster/Headmistress must obtain from the legal guardian of the pupil a declaration in writing stating the pupil's exact date of birth according to the English calendar. The declaration should preferably be supported by a birth registration certificate or extract from the Hospital record showing the date of birth or copy of the Baptismal certificate (for Christian students) or such other document as can be accepted as an authentic record of the date of birth. Where no such documents are produced, the Headmaster/Headmistress may demand, if necessary, the production of an affidavit duly sworn before a Magistrate by the legal guardian of the pupil. The age of a pupil should not be entered in the Admission Register of the school unless this date of birth is declared by legal guardian in the manner prescribed above. The guardian should be given necessary instructions in this regard by the Head of the institution."
(3.)From these Rules it appears that the District Inspector of Schools has given correct instruction to the Headmaster of the said school. But it appears that the said Headmaster of the said school has flouted the direction given in this behalf without any rhyme or reasons.

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