Manash Nath Roy, Actg. C.J. - (1.) This appeal arises out of a judgment and order dated 1st April, 1987, passed in C. O. No. 3125 (W) of 1987, by a learned Single Judge of this Court.
(2.) The Respondent No. 1 in this appeal moved a writ petition dated 30th March, 1987 on 1st April, 1987 and after hearing the learned Advocates appearing before him, the said learned Judge by the order as impeached, on consideration of the unfortunate circumstances in the which the writ petitioner Respondent No. 1, after passing the Madhyamik Examination in March, 1985, was pleased for no fault of his in the matter of having his admission to the Hooghly Collegiate School, Chinsurah, allowed the application as filed and consequently allowed the writ petitioner to sit at the ensuing Higher Secondary Examination, which was to be commenced on and from 7th April, 1987 and thus directed all the concerned authority Respondents before him to take appropriate steps, go that the writ petitioner could sit at the said examination, apart from directing, that the Registration and Admission Card for the writ petitioner should be issued forthwith by the West Bengal Council of Higher Secondary Education (hereinafter referred to as the said Council).
(3.) The writ petition was moved stating that the writ petitioner who is Respondent No. 1 in this appeal, passed the Madhyamik Examination in March, 1985, as held under the auspicious of the West Bengal Board of Secondary Education (hereinafter referred to as the said Board). He has claimed to have been placed in Second Division, securing 44% marks in Physical Science, 63% marks in Life Science and 78% marks in Mathematics, and claimed to have secured 184 marks i. e. about 62% marks in Science group.;