- (1.) In this rather unusual application, the petitioner, who is the Headmaster of a school known as D. L. Roy Vidyapith in Calcutta asks for a Writ of Mandamus directing the respondent West Bengal Board of Secondary Education (hereinafter referred to as the Board) to allow 36 students whose names appear in Annexure 'B' to the petition to sit for the Secondary Examination (Madhyamik Pariksha) for the year 1976.
(2.) The facts relating to the making of the present application may be briefly noted. In the year 1968 a Junior High School was established under the name of D. L. Roy Vidyapith with the petitioner as the Headmaster. In the year 1969 Class VII was opened at this school and in the year 1970 Class VIII. Thereafter an application was made for recognition of the school as a Junior High School to the respondent No.1 who is the President of the Board. The school was inspected in 1970 and was granted recognition with effect from January, 1974. Thereafter Class IX and Class X were opened at this school and the school again applied for recognition as a High School in May, 1974. As directed by the Board, the necessary amount of Rs.250/- was deposited as a condition of such recognition. The respondent no.5 held an inspection of the School on December, 14, 1074. The inspection was in response to the application for recognition as a High School made in May, 1974 as aforesaid.
(3.) Thereafter it appears that no action was taken with regard to the pending application for recognition of the School as a High School. However on the basis of certain assurances given by the respondent nos.2 and 3 the petitioner as the Headmaster was allowed to send up students for the School Final Examination held in 1973, 1974 and 1975. The said students all appeared as private students. In 1973 eleven candidates were sent up, in 1974 twenty candidates were sent up and in 1975 twenty six candidates were sent up.;