Calcutta High Court (Appellete Side)
Sc W. P. No. 31438 (W) Of 2014 Md. Abid Khan vs State Of West Bengal on 2 December, 2014
Author: Dipankar Datta
Bench: Dipankar Datta
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67+68 2.12.14
Sc W. P. No. 31438 (W) OF 2014 Md. Abid Khan
-vs.-
State of West Bengal
& Ors.
WITH
W. P. No. 31440 (W) OF 2014 Sanjeev Kumar & Ors.
-vs.-
State of West Bengal
& Ors.
---------------
Mr. Siddhartha Banerjee Ms. Roshni Ghosh.
.....For the Petitioners in both the Writ Petitions.
Ms. Nandini Mitra Mr. Sanjay Saha.
....For the Respondents 4,5 & 6 in both the Writ Petitions.
These two writ petitions involve common legal and factual questions and hence have been heard together.
The petitioners have been admitted in engineering colleges based on their results of senior secondary examination (10+2). They did not qualify either in the West Bengal Joint Entrance Examination or the All India Engineering Entrance Examination. The Hon'ble Supreme Court while disposing of a number of civil appeals by the order dated May 4, 2009 observed as follows :
"It is made clear that admissions would be given to only those students who have secured marks above the cut-off marks of both in the West Bengal Joint Entrance Examination and also in the All India Engineering Entrance Examination."
Mr. Banerjee, learned advocate appearing for the petitioners submits that admissions had been effected for the academic sessions 2012-13 and 2013-14 on the basis of the 2 marks obtained at the 10+2 level examination, provided seats were vacant. However, there has been a departure this year, which was not brought to the notice of the colleges concerned, where the petitioners took admission. He submits that for the fault of the colleges, the petitioners ought not to suffer.
Article 144 of the Constitution lays down that all authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court. Once the order dated May 4, 2009 was passed by the Supreme Court, the State had no business to dilute the admission criteria by allowing students who had not qualified either in the West Bengal Joint Entrance Examination or the All India Engineering Entrance Examination and by permitting admission of students who had qualified in the 10+2 level of examination. It seems that better sense has now prevailed on the State and, accordingly, notification dated June 18, 2014 was issued restricting admission to students who qualified in either of the aforesaid two examinations.
The contention of Mr. Banerjee that notification dated June 18, 2014 makes an arbitrary and unreasonable restriction on the petitioners' right to pursue study in the engineering colleges appears to be without substance having regard to the aforesaid order of the Supreme Court.
I find no merit in this writ petition. The same stands dismissed, without costs.
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Photostat copy of this order duly counter signed by the Assistant Court Officer shall be retained with the records of W.P. 31440 (W) of 2014.
(Dipankar Datta, J.)