BARSHA DUTTA Vs. STATE OF WEST BENGAL AND ORS
LAWS(CAL)-2017-4-127
HIGH COURT OF CALCUTTA
Decided on April 18,2017

Barsha Dutta Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

Rakesh Tiwari, J. - (1.) The appellant is aggrieved by judgment and order dated 10th April, 2017, passed in W.P. 2505(W) of 2017 with CAN 3252 of 2017 (Barsha Dutta vs- The State of West Bengal and Ors.).
(2.) By the aforesaid order, the prayer of the applicant/ appellant for allowing her to appear in the B. Com. Part-III examination commencing from 17th April, 2017 was rejected. The order reads thus: "Both the writ applications appear for analogous consideration. In both the writ applications the petitioners seek permission to continue with their B. Com. 3rd year course with the respondent/College in issue. Mr. R.K. Bhattacharya, learned counsel appears for the petitioners and, also in support of CAN 3252 of 2017 connected to W.P. 2505(W) of 2017. In the application, as noted above, the prayer is made for permitting the petitioners to appear for the B. Com Part III Examination, which is scheduled to commence on 17th April, 2017. This Court notices that W.P. 838(W) of 2017 was considered by an earlier order of this Court dated 18th January, 2017. Ms. Sampa Sarkar, learned counsel appears for the respondents/Calcutta University (for short the University) in W.P. 838(W) of 2017 and files Affidavit-in-opposition, which is taken on record. Ms. Tapati Samanta, learned Advocate represents the State-respondents in W.P. 2505(W) of 2017. Mr. Himangshu Ghosh, learned Advocate led by Mr. Sougata Bhattacharya, learned counsel represents the State-respondents in W.P. 838(W) of 2017. On behalf of the respondents/University, Dr. Sutanu Kumar Patra, learned counsel appears. Both the learned counsel for the respondents/University take the point that the petitioner in W.P. 2505(W) of 2017 cannot be extended any different treatment than other than the terms of the adjudication already directed by the order dated 18th January, 2017. Accordingly, let the terms of the order dated 18th January, 2017 be also applied to W.P. 2505(W) of 2017. NO further relief can be extended to the writ petitioner in W.P. 838(W) of 2017. CAN 3252 of 2017 be treated as on day's list and accordingly stands dismissed."
(3.) We had granted leave on 17th April, 2017 for preferring this appeal without certified copy of the order impugned. Today an application for stay, being A.S.T.A. 14 of 2017 has been filed in Court which is taken on day's list.;


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