Debasish Kar Gupta, J. - (1.) The petitioner files this writ application for directions upon the respondent authorities to allow the petitioner to take admission in Class XII of Kalyani University Experimental High School at Kalyani, Nadia on the strength of the transfer certificate dated October 26, 2006 issued by the Springdale High School (H.S.) Kalyani, District Nadia as also to allow the petitioner to appear in the Higher Secondary test examination.
(2.) The fact of the case in a nut shell is the petitioner was a student of Class XII of Springdale High School (H.S.) Kalyani, District Nadia in the year 2006. Since the petitioner was not allowed to sit for the test examination by the authority of the above school on the ground of poor attendance of the petitioner, the mother of the petitioner submitted an application dated September 21, 2006 before the authority of the above school for issuing transfer certificate in favour of the petitioner. According to the provisions of regulation framed by the West Bengal Council of Higher Secondary Education (Admission and Allied Matters) Regulation, 1987, the last date of taking admission in a School in class XII on transfer was September 30, 2006. Since no transfer certificate was issued by the authority of the aforesaid school within September 30, 2006, the petitioner files a writ application being W.P. No. 22178(W) 2006 after the Puja Holidays which was disposed of on October 26, 2006 with a direction upon the respondents to take necessary steps for issuing transfer certificate to the petitioner in accordance with law. The above School authority issued transferred certificate to the petitioner on October 27, 2006. Thereafter the petitioner went to the Kalyani University Experimental High School at Kalyani, Nadia for admission in Class XII but the authority of the school informed the petitioner verbally that the last date of admission on transfer being on September 30, 2006, they would not admit the petitioner in the school without the extension of the above date by the West Bengal Board of Higher Secondary Council. According to the petitioner an application dated November 2, 2006 submitted by the mother of the petitioner was pending before the West Bengal Higher Secondary Education Council for extension of the time to get admission in Class XII. According to the petitioner on November 10, 2006 there was an attempt on behalf of the petitioner to submit a reminder to the aforesaid application dated November 2, 2006 of the mother of the petitioner and ultimately on November 14, 2006 the West Bengal Higher Secondary Council ultimately received the reminder from the petitioner putting seal on the letter of the Learned Advocate. The respondent No. 1 did not pass any order with regard to the prayer made on behalf of the petitioner to allow him to take admission in the Kalyani University Experimental High School at Kalyani, Nadia. Hence this writ application is filed.
(3.) An affidavit-in-opposition is filed on behalf of the respondent No. 1. A preliminary objection is taken in the above affidavit-in-opposition with regard to the non-joinder of the above schools as party respondent to this proceeding. In the above affidavit-in-opposition it has been stated that the second page of the transfer certificate issued by the Springdale High School (H.S.) at Kalyani, Nadia has not been disclosed in the writ application from which at appears that the attendance of the petitioner in classes XI and XII together was 29% upto August 31, 2006. So the petitioner is not entitled to appear in the ensuing Higher Secondary Examination in 2007 to be conducted by the respondent No. 1 in accordance with the provisions of regulation 16 of the West Bengal Council of Higher Secondary (Examination Regulation, 1999) of the West Bengal Council of Higher Secondary Education (Admission and Allied Matters) Regulation, 1987.;