Calcutta High Court (Appellete Side)
Rajib Chakraborty And Ors vs The State Of West Bengal And Ors on 25 March, 2022
Author: I.P. Mukerji
Bench: I.P. Mukerji
25.03.2022
KC(1-33)
W.P.A.(P) 162 of 2021
Rajib Chakraborty and Ors.
-versus-
The State of West Bengal and Ors.
With
CAN 1 of 2021
With
CAN 2 of 2022
With
CPAN 646 of 2021
With
CPAN 648 of 2021
With
CPAN 245 of 2022
With
CPAN 232 of 2022
With
CPAN 178 of 2021
With
CPAN 401 of 2021
with
CPAN 402 of 2021
With
CPAN 403 of 2021
With
CPAN 410 of 2021
With
CPAN 411 of 2021
With
CPAN 412 of 2021
With
CPAN 413 of 2021
With
CPAN 414 of 2021
with
CPAN 469 of 2021
With
CPAN 473 of 2021
With
CPAN 562 of 2021
With
CPAN 563 of 2021
With
CPAN 569 of 2021
With
CPAN 574 of 2021
With
CPAN 599 of 2020
With
CPAN 642 of 2021
With
CPAN 645 of 2021
2
With
CPAN 685 of 2021
With
CPAN 692 of 2021
With
CPAN 723 of 2020
With
CAN 1 of 2021
With
CAN 2 of 2021
With
CAN 3 of 2021
With
CPAN 746 of 2021
with
CPAN 755 of 2020
With
WPA 5378 of 2020
Pratyush Patwari
-versus-
State of West Bengal and Anr.
With
CAN 2 of 2020 (Old CAN No. 3697 of 2020)
With
CAN 3 of 2020 (Old CAN No. 3698 of 2020)
With
WPA 5530 of 2020
Biplab Kr. Chowdhury
VS
Union of India & Ors.
With
CAN 1 of 2020 (Old No:CAN 3252 of 2020)
With
WPA 5872 of 2020
Santosh Kumar Yadav
VS
Union of India & Ors
With
CAN 1 of 2020(Old No:CAN 3956 of 2020)
With
WPA 5890 of 2020
Vineet Ruia
VS
Principal Secretary,
Department of School,
Bikash Bhavan & Ors.
With
CAN 17 of 2020
With
CAN 32 of 2020
With
CAN 33 of 2021
With
3
CPAN 131 of 2021
With
CAN 1 of 2021
With
W.P.A.(P) 46 of 2022
Tanweer Ahmed Khan and Ors.
-vs-
State of West Bengal and Ors.
With
CPAN 144 of 2021
With
CPAN 151 of 2021
With
CPAN 155 of 2022
(Via Video Conference)
Mr. Dhilan Sengupta,
Ms. Shalini Mukherjee...............For the petitioners in
WPA(P) 162 of 2021.
Mr. J. Sai Deepak,
Ms. Priyanka Agarwal,
Mr. Rishab Kumar Singh,
Mr. Anurag Mitra,
Mr. Tanvi Luhariwala...................For the petitioners in
W.P.A.5890 of 2020 and
CPAN 723 of 2020.
Mr. Pratyush Patwari................ Petitioner (in person) in
W.P.A. 5378 of 2020.
Mr. Sanjib Bandyopadhyay,
Mr. Ashok Kumar Singh,
Mr. Jabir Ali.............................For the petitioners in
WPA(P) 46 of 2022.
Mr. Y.J. Dastoor,
Mr. Siddhartha Lahiri.................For Union of India.
Mr. Sayan Sinha........................For the State.
Mr. Samrat Sen,
Mr. Nilotpal Chatterjee...............For the State in
WPA(P) 46 of 2022.
Mr. U.S. Menon,
Mr. Abhirup Chakraborty...........For C.B.S.E. Board.
Mr. S.P. Tewary,
Mr. Partha Banerjee,
Mr. Abhijit Tewari...........For Disari Public School.
4
Mr. Abhrajit Mitra,
Mr. Kunal Chatterjee
Mr. Nikunj Berlia,
Mr. Shoumendu Mukherjee,
Ms. Anshu Jain..................For the Association of ICSE
Schools, West Bengal Chapter.
Ms. Koyeli Bhattacharyya...........For the West Bengal
Board of Secondary Education.
Mr. Samapriya Chowdhury,
Mr. Deepan Kumar Sarkar,
Mr. Dinabandhu Dan,
Mr. Santanu chatterjee,
Mr. Dipayan Dan.................For Delhi Public School,
Ruby Park.
Mr. Sabyasachi Chaudhury,
Mr. Rajarshi Dutta,
Mr. V.V.V. Sastry,
Mr. Tridib Bose,
Mr. Debajyoti Saha,
Ms. Vidhi Sharma.................For Ashok Hall Group of
Schools and Ballygunge
Siksha Sadan, Little Steps School.
Mr. Nabankur Pal,
Md. Apzal Ansari,
Ms. Surabhi Gularia.............. For Delhi Public School,
Siliguri.
Ms. Surabhi Gularia,
Mr. Arkadipta Sengupta,
Mr. Subhajit Das............... For Delhi Public School,
Kanyapur, St. Judges School and
Burnpur Riverside School.
Mr. Abdur Raquib,
Ms. Oindrila Ghosh................. For Delhi Public School,
Joka.
Mr. Vipul Kundalia,
Mr. Kushagra Shah................ For Delhi Public School,
New Town.
Mr. Partha Sarathi Bhattacharya,
Mr. Raju Bhattacharya................For the Principal,
St. Joseph College.
Ms. Amrita Pandey,
Ms. Anamika Pandey...................For the Assembly of
God Church School.
Ms. Kabita Mukherjee,
Mr. Manas Dasgupta..........For Agrasain Balika Siksha
Sadan and Boys' School.
Mr. Satarup Bhattacharya,
Mr. Saptarshi Dutta...........For South City International
School.
Mr. Ananda Basu,
5
Mr. Emon Bhattacharya,
Ms. Pooja Shah........................For St. Hellen School,
Howrah.
Mr. Pinaki Dhole...............For Hariyana Vidya Mandir.
Mr. Ayan Chakraborty..........For Adamas International
School.
Mr. Tanvi Luhariwala.........For Adamas School Parents'
Forum.
Mr. Arnab Chakraborty.......For Well and Gold Smith
School.
Mr. Sandip Kumar Dey,
Mr. Abhijit Sarkar...............For Calcutta Girls' High
School.
Mr. Arindam Banerjee,
Mr. Deepan Kumar Sarkar,
Mr. Sourav Bhagat,
Ms. Shruti Swaika,
Ms. Prajata Kishore Chakraborty.....For South Point
School, South Point High School,
Birla High School and
Sri Sikshayatan School.
Mr. Arijit Bardhan,
Mr. Soumyajit Mishra............For Don Bosco School,
Park Circus.
Ms. Chama Mookerji,
Mr. Anujit Mookerji,
Ms. Rinky Shaw..............For Calcutta Boys School,
Julien Day School.
Mr. Partha Banerjee,
Mr. Arun Kumar Mandal.........For Heritage School.
Ms. Ameena Kabir..............For Frank Anthony Public
School.
Mr. Arun Alo Roy,
Mr. Swagato Roy................For Mahadevi Birla World
Academy and Birla Bharati.
Mr. Paritosh Sinha,
Mr. Sankalp Narain,
Mr. H.P. Sahi,
Mr. B.P. Tiwari,
Mr. Amitava Mitra,
Ms. Shrayashee Das,
Mr. Jishnujit Roy,
Ms. Antara Chowdhury............For La Martiniere and
C.N.I. Group of Schools.
Mr. Ashoke Kumar Roy,
Mr. Ashim Kumar Roy................For Bharitiya Vidya
6
Bhavan, Kolkata.
Ms. Lopita Banerjee,
Ms. Arijita Ghosh,
Mr. Souma Sil,
Mr. Lordly Guha.......................For New Town School.
Mr. Sanjay Kumar Baid,
Ms. Nupur Jalan.......................For Don Bosco, Liluah,
Holy Family Convent, P.B. Academy,
SreeJain Vidya Mandir, Well and
Gould Smith School, Kolkata, Patuli,
St. Aloysius Orphanage and Day School,
St. Mary's Convent School, Santragachi.
Mr. Raj Mohan Chattoraj,
Mr. Sankar Prasad Dalapati,
Mr. Sourav Mondal........................For Swabhumi
Foundation, G.D. Goenka
Public School, Indira Gandhi
Memorial High School,
Dum Dum and Barasat.
Mr. Meghajit Mukherjee...........For Sri Sri Academy.
Mr. Sandip Kumar De,
Mr. Abhijit Sarkar,
Mr. Abhik Chitta Kundu..........For Calcutta Girls' High
School.
Mr. Santosh Kumar Ray,
Ms. Rituparna Sanyal..............For Srihari Global
School, Asansol.
Mr. Sarajit Sen,
Mr. Tapas Singha Roy..............For Delhi Public School,
Asansol.
Mr. Aniruddha Mitra,
Mr. Ayan Chakraborty...........For Adamas World School.
Mr. Subir Pal........................ For St. Paul's Academy.
Mr. Ratnanko Banerjee,
Mr. Somopriyo Chowdhury,
Mr. Dinabandhu Dan,
Mr. Deepan Kumar Sarkar,
Mr. Sanatan Chatterjee,
Mr. Dipayan Dan..................For the D.P.S. Ruby Park.
Mr. Joydeep Kar,
Mr. Billwadal Bhattacharya,
Mr. Anish Kumar Mukherjee,
Mr. Amrit Sinha....................For the respondent.
Mr. Apurba Kumar Ghosh.......For Rose Bud School. 7 Dr. Indrahjit Kundu...............For the petitioners in CPAN 562,563, 569, 574, 642, 151 and 178 of 2021.
Mr. Rahul Karmakar, Mr. Asif Sohail Tarafdar, Mr. Debabrata Roy...............For Arun Nursery and Future Foundation.
Mr. Asif Sohail Tarafdar.........For Indus Valley and B.D. Memorial School.
Mr. Subir Banerjee, Ms. Shreyosi Sengupta, Ms. Mumpy Singha.....................For the applicant in CPAN 685 of 2021.
Mr. Shomendu Mukherjee...........For Indus Valley, BDM International and Apeejay School. Mr. Varun Kedia.........................For the applicant in CPAN 642 of 2021.
Mr. Nikunj Belia, Mr. Shomendu Mukherjee.....For Lakshmipat Singhania Academy.
Mr. Subir Banerjee, Ms. Mumpy Singha, Ms. Tania Bhowmick.............For the Sudhir Memorial.
Since the Covid-19 pandemic has almost abated, we were minded to dispose of the writ applications today by allowing the schools and other educational institutions, the students and their parents/guardians to go back to the old ways of imparting and receiving education.
At the end, some submissions were made which prompted us to change our mind. It was said that some schools/educational institutions, with a view to circumvent or negate the effects of the interim orders passed by us from time to time, increased their fees 8 disproportionately, either in the period when the pandemic was raging or for the next academic session. If this is proved to be true then the students or their parents/guardians could have no benefit of our orders effectively. This allegation has to be investigated by us on the next day of hearing.
Several applications including applications alleging contempt have been filed, inter alia, pointing out the excess fees demanded by the schools/educational institutions in question, over- charging of fees, default in payment of fees by the parents/guardians of the students, threat from the schools to debar students from writing a board examination or to rusticate them or deny them the annual promotion.
As 145 schools/educational institutions are involved, we thought that it would not be practicable for us to look into each and every complaint as that would consume an extraordinarily large amount of time, which unfortunately we do not have at our disposal.
In that view of the matter, we are of the opinion that Joint Special Officers should be appointed to carefully scrutinise each and every complaint that is before us in the form of applications and supplementary affidavits in support thereof. After scrutinising the allegations and hearing the parties in brief at meetings, of which minutes should be maintained, they should file 9 a detailed report before us stating which allegations according to them have substance and should be investigated by the court.
We order accordingly and appoint Mr. Tilak Kumar Bose, Senior Advocate, Bar Library Club and Mr. Udayan Chakraborty, Advocate, Bar Library Club as Joint Special Officers at an initial remuneration of 6000 G.M.s each, 50% of which is to be shared equally by the participating schools/educational institutions and 50% to be shared equally by the participating students/their guardians. Their remuneration may be discussed and settled at a meeting of the Joint Special Officers and shall be deposited in the bank account of anyone of them. Thereafter the remuneration may be apportioned amongst them. The Joint Special Officers will file their report before us by 10th June, 2022.
We are not extending any subsisting interim order. However, all orders were required to be and ought to be strictly obeyed during the period of their operation.
We make it clear that for any alleged default or breach of any interim order by any student/guardian up to today, no school/educational institution shall rusticate any student or debar any student from taking a board examination or withhold his or her promotion or take any other coercive action without the leave of this court.
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We also make it clear that the schools/ educational institutions shall be free to take action as available to them in law against any student/guardian for any act or deed committed after this day.
We make the writ applications with the contempt and any other applications returnable on 10th June, 2022.
(I.P. MUKERJI, J.) (MOUSHUMI BHATTACHARYA, J.)