SAMAPTI CHATTERJEE,J. - (1.) The petitioner has filed the present writ petition assailing the order dated 20th June, 2018 passed by the Secretary, West Bengal Board of Primary Education thereby rejecting the prayer of the petitioner to take admission in the institution for the session 2016-2018 on the following grounds:- "Pursuant to the order of the Hon'ble High Court, Calcutta, the matter was placed before the Board for consideration. The Board considered all the materials on record including the materials annexed to the writ petition. It transpires from the record that the institution did receive any admission forms in terms of the notices of the Board dated 3rd June, 2016 and 14th June, 2016. The institution did approach the office of the Board for receiving the admission forms. No contemporaneous documents were placed by the institution with its representation showing that the institution approached the office of the Board. Since no admission forms were taken from this Board the institution could take any further steps towards admission of students. As admission forms were taken, the question of filling up and submission of admission forms on part of the students or the writ petitioners or approval of the merit list for admission by the Board did arise at all. In view of the aforesaid facts, the members of the Board are unanimously of the view that there cannot be any admission to the institution for the session 2016- 2018 and the alleged admission as claimed by the writ petitioners or by the institution cannot have any validity or sanctity in law and the writ petitioners cannot be said to be the bonafide students. Therefore, there cannot be any registration of the writ petitioners as students of that institution nor can they be allowed to appear at the Part-I D.El.Ed. Examination of the Session 2016-2018 (Regular/Face to face mode). The prayer of the writ petitioners and the institution cannot be accepted. Yours sincerely,(Dr. R.C. Bagchi)Secretary"
(2.) The petitioner earlier approached before this Hon'ble Court by filing a writ petition being W.P. 8025(W) of 2018 praying for the following reliefs:- a) Leave may be granted under Rule 26 of the Writ Rules of this Hon'ble Court for this application after dispensing with the service of notices. b) A writ of and/or in the nature of Mandamus do issue commanding the respondent authorities, each one of them, their men, agents, servants subordinates and/or assigns, particularly the respondent nos. 4 and 5 herein, to submit the list of the candidates admitted for the Session 2016-18 for D.EI.Ed. Course before the respondent nos. 2 and 3 herein, so that the said respondents may take appropriate decision for issuance of the registration certificates as well as admit cards in favour of the petitioners for appearing in the ensuing D.El.Ed. Part I (Theoretical) Examination for the Session 2016-18 (regular or face to face mode), which is scheduled to be held on and from June 21, 2018. c) A writ of and/or in the nature of Certiorari do issue directing the respondent authorities, each one of them, their men, agents, servants, subordinates and/or assignees for production of all the records relating to the admission of your petitioners as well as other documents, so that conscionable justice may herein be administered by perusing the same. d) Rule Nisi in terms of prayers (a), (b) and (c) as above. e) An ad-interim order do issue directing the College authorities to forthwith collect the registration certificates and the admit cards from the West Bengal Board of Primary Education on payment of requisite fees, so that the petitioners, being the students, may appear in the ensuing D.EI.Ed. Part I (Theoretical) Examination for the Session 2016-18 (regular or face to face mode), which is scheduled to be held on and from June 21,2018."
(3.) That writ petition was contested by the Board. In that writ petition it was the contention of the Board that the institution failed to comply with the formalities of the notice dated 3rd June, 2016 as well as the notice dated 6th June, 2016 and the notice dated 25th July, 2016. Accordingly, on the prayer of both the learned advocates appeared for the petitioners as well as the institution, on 19th June, 2018 this Court disposed of the said writ petition with the following direction:- "Considering the submission as advanced by the learned advocate for the parties and after perusing the records, I direct the respondent no.5, the Principal Daulatabad Primary Teachers Training College who is present in Court pursuant to the earlier Court order to make a comprehensive application before the Secretary, West Bengal Board of Primary Education in course of the day. If such application is made by the respondent no.5 as indicated above then the respondent no.3, the Secretary is directed to consider the same in accordance with law and take a decision on that issue and communicate the decision forthwith to the respondent no.5. With this direction the writ petition is disposed of. No order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the learned advocate for the parties on usual undertakings. All parties are directed to act on the basis of the learned advocates communication. Personal appearance of the respondent nos. 4 and 5 are dispensed with.";