- (1.) In this writ application 10 students, through their respective guardians, studying in Higher Secondary Science Course, at the material time, have challenged certain action of the Principal, Midnapore College i.e. respondent No. 2 when admission of these students in the said college in Class XI, Science Group, for Session 1987-88 was found irregular and when the Secretary (Examination) West Bengal Council of Higher Secondary Education referred to consider a representation of the students and that of college to regularise their admission.
(2.) On 22nd September, 1988, this court passed an interim order prohibiting and restraining respondents concerned from changing and/or for directing the petitioners to give option for changing science groups to arts groups in the Class XII final examination. Before considering claim of the petitioners, facts, transpire from the affidavit in opposition filed by the Principal, Midnapore College, i.e. respondent No. 2, are worth mentioning.
(3.) On 2nd July, 1988, affairs of 17 students, as regards admission in the Higher Secondary Science Course, were detected inasmuch as those students did not obtain the prescribed marks in physical science and/or mathematics in the last qualifying examination. Respondent No. 2, on 2nd July, 1988, directed those 17 petitioners to apply for change of their subjects as permissible under Rules and/or to take fresh admission in Class 11 for the Session 87-88 with subjects as per provisions of H. S.Council and the stipulations in the college prospectus. 10 students are among those 17 students. On 27th July, 1988, guardians of those 17 students were requested to meet the Principal i.e. respondent No. 2, on August 1 and 2, 1988 to discuss the matter. In the month of July, 1988, on diverse dates, representations were made before the said respondent No. 2 on behalf of these 17 students. It was contended that they were admitted in Class XI Science Stream in the year 1987 in 87-88 session and were allowed to continue the said course regularly and on successful completion of the course in Class XI, they were promoted to Class XII Science stream in 1988. It has been alleged in the one of the representation dated 26th July, 1988, inter alia. "That we are in progress since the dates of our admission,, we scent foul smell from your end with an attempt to debar us from continuing such science course for the reason of non-obtaining of 45% marks in physical science without caring for our academic lives. The college authority having been satisfied with our academic attainment on verification of our records during admission as well as forwarding the registration forms to the said council, allowed us to continue is science stream, but it is reliably learnt that you are going to prevent us from allowing us to continue the said course in science stream. If that be so, our lives will be at stake and thereby our future career will be uncertain too for no fault of ours so far as the instant matter is concerned. We are of view that such uncertainty in our academic career is ultimately rest with you for which you are earnestly requested by us to move the appropriate authority for safety of our academic lives so that we are not put to any inconvenient situation causing irreparable loss. In the present moment we having been disappointed, are in a fix what to do. We have become mentally disbalanced for such alleged action. We, therefore, earnestly beg the favour of your kind sympathy towards our continuance in science stream with an opportunity to be eligible for appearing at the ensuing Higher Secondary Examination in 1989." 3A. Though the irregularities in the matter of admission, in science stream in 1987-88, were detected before 2nd July, 1988, the Principal i.e. respondent No. 2, after some exercises at his end, addressed a letter, for the first time, under reference No. 2635 dated 2nd August, 1988, to the Secretary (Examination), W. B. C. H. S., Education i.e. respondent No. 3, communicating the factum of irregularities in the matter of admission in Class XI, science stream, for the session 87-89. Said Principal, respondent No. 2, forward cases of some students who did not agree to change subject as permissible under rules, for sympathetic consideration of the council. In the letter dated 2nd August, 1988, the Principal, respondent No. 2 requested the council to take necessary action expeditiously. On 6th August, 1988, by Memo No: 2656 and on 11th August, 1988, by Memo No. 2660, Principal, Midnapre College i.e. respondent No. 2 requested the respondent No. 3 to allow three students and 2 students respectively to change subjects for the academic session 87-88. Out of 17 students, 10 students who did not agree to change the subject in spite or request and persuasion of the principal, have come before this court and obtained an order on 22nd September, 1988 when their representations were not considered by respondent No. 3, effectively.;