Calcutta High Court (Appellete Side)
Rajib Chakraborty And Ors vs The State Of West Bengal And Ors on 6 April, 2022
Author: I.P. Mukerji
Bench: I.P. Mukerji
06.04.2022
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
With
CPAN 131 of 2021
With
CAN 1 of 2021
With
CPAN 144 of 2022
With
CPAN 151 of 2021
With
CPAN 155 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
2
CPAN 642 of 2021
With
CPAN 645 of 2021
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
3
With
CAN 33 of 2021
With
CAN 34 of 2022
With
W.P.A.(P) 46 of 2022
Tanweer Ahmed Khan and Ors.
-vs-
State of West Bengal and Ors.
(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.
Mr. Abhrajit Mitra,
Mr. Kunal Chatterjee
Mr. Nikunj Berlia,
Mr. Shoumendu Mukherjee,
Ms. Anshu Jain..................For the Association of ICSE
4
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,
Mr. Emon Bhattacharya,
Ms. Pooja Shah........................For St. Hellen School,
Howrah.
Mr. Pinaki Dhole...............For Hariyana Vidya Mandir.
5
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
Bhavan, Kolkata.
Ms. Lopita Banerjee,
Ms. Arijita Ghosh,
Mr. Souma Sil,
Mr. Lordly Guha.......................For New Town School.
6
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. Dr. Indrahjit Kundu...............For the petitioners in CPAN 562,563, 569, 574, 642, 151 and 178 of 2021.
7Mr. 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.
Under extraordinary circumstances this bench had to be reconstituted before the returnable date of the applications.
The situation is this. It is alleged by a section of parents/students mostly of G.D. Birla Centre for Education, Mahadevi Birla Sishu Vihar, Adamas International School and some other schools that very arbitrarily the school authorities are not granting promotion to students, withholding their report cards and not allowing them to join the higher class in the new session on the pretext that school fees have not been paid. The schools are charging a much larger 8 amount than that directed to be charged by our interim orders.
We have heard Mr. Sabyasachi Chowdhury and Mr. Aniruddha Mitra for Ashoka Hall Group of Schools and Adamas International School respectively. Both learned counsel denied the allegations.
In fact they submitted that fee was sought to be paid by a significant number of guardians/students in a most haphazard manner, much lower than the fees required to be paid as per our order. This payment was sought to be justified by them by saying that it was in terms of our order.
This is the dispute between the school authorities and the guardians/students.
After hearing learned counsel for the parties and some parents and students in person, we pass the following order:
(a) None of the 145 schools/teaching institutions shall deny promotion to any student to the next session or withhold their report card till further orders.
(b) All students shall be allowed to join the higher class in the new session and shall be provided the normal educational facilities.
(c) The arrangement under which the students shall pay fees and other charges to the schools/educational institutions for the new 9 session shall be entirely between the schools/teaching institutions and the students/guardians and shall not be affected by this order or any previous order.
(d) As far as the payment of school fees during the operation of our interim order is concerned, the payment made by each students/ guardians shall be accompanied by a statement showing the calculation for such payment.
(e) As a matter of guidance to the parents/ students the fee last paid and accepted by the schools/teaching institutions should be indicative of how much is payable for a particular month preceding the start of the new session.
(f) The learned Registrar General of this court is to immediately forward our order dated 25th March, 2022 to the Joint Special Officers.
(g) So that the schools/teaching institutions do not suffer any deficiency in fund, we direct the Joint Special Officers to go into the above dispute regarding fee liability and to come to a decision in the matter.
(h) The Joint Special Officers will also look into the complaint of arbitrary increase in school fees during the Covid-19 pandemic period 10 with a view to circumvent the order of this court and take a decision in the matter with regard to fee actually payable by those guardians/ students.
(i) Each of the guardians/students shall make payment of the fee determined as payable by the Joint Special Officers to the schools/ teaching institutions within two weeks of such determination without prejudice to his rights and contentions in these applications.
(j) The Joint Special Officers shall also tabulate in their report the names of the students who have not made any payment at all during the operation of our interim orders.
This order is to be treated as a further interim order in the writ applications which as per our earlier direction shall appear in the list on 10th June, 2022.
(I.P. MUKERJI, J.) (MOUSHUMI BHATTACHARYA, J.)