Calcutta High Court (Appellete Side)
Minor Rimita Mondal & Ors vs The State Of West Bengal & Ors on 7 March, 2014
Author: Jyotirmay Bhattacharya
Bench: Jyotirmay Bhattacharya
07.03.2014. M. A. T. 330 of 2014
dc. with
CAN 2163 of 2014
Minor Rimita Mondal & Ors.
versus
The State of West Bengal & Ors.
Mr. Satyajit Mandal,
Mr. Amar Nath Sen,
Miss Swagata Datta ... For the Writ Petitioners/Appellants.
Mr. Sadananda Ganguli ... For the State-Respondents.
Mr. Sandip Bhattacharya ... For the Respondent No.7.
Re: MAT 330 of 2014 This mandamus appeal is directed against an order passed by the Learned Single Judge of this Court on 29th January, 2014 in W.P.No. 1865(W) of 2014 whereby the writ petition filed by five writ petitioners was rejected by holding the same is not maintainable on the ground of misjoinder of parties. While dismissing the said writ petition, His Lordship recorded that the writ petitioners are all unsuccessful candidates as they could not pass the Test Examination conducted by the Diamond Harbour Girls' High School, District-South 24-Parganas.
The writ petitioners/appellants felt aggrieved by the said order of the Learned Single Judge. Accordingly, they have filed the instant mandamus appeal before us.
After hearing the learned advocates appearing for the parties and after considering the materials on record, we do not find any apparent illegality in the order impugned in this appeal as all the writ petitioners have their independent cause of action and as such they should have filed writ petitions independently and/or separately for ventilating their respective grievances before the Writ Court.
The Learned Single Judge, while dismissing the writ petition, permitted the writ petitioners to file fresh proceeding separately on the selfsame cause of action.
Mr. Mandal, learned advocate appearing for the writ petitioners/appellants submits that the defect in the writ petition as pointed out by the Learned Single Judge in the impugned order can be rectified by putting deficit court fees for the four writ petitioners.
Of course the defect in the writ petition could have been rectified by payment of deficit court fees in the manner as suggested by Mr. Mandal.
Even if we permit the writ petitioners to rectify the said defect and thereby regularise the writ petition, still then we find that the ultimate relief which is claimed by the writ petitioners in the writ petition cannot be granted to them in view of the provision contained in Regulation 6 of Higher Secondary Education (Examination) Regulations, 2006. The relevant part of the said Regulation 6 is set out hereunder :-
"6. Eligibility to appear in Higher Secondary Examination as Regular candidate :- A candidate must fulfil the following conditions to be eligible for appearing in the higher secondary examination as regular candidate :-
(a) he must have obtained the registration number from the Council after fulfilling the conditions laid down in the West Bengal Council of Higher Secondary Education (Admission and Allied matters) Regulations, 2006 ;
(b) he must have passed the Annual Examination at the end of academic sessions of Class-XI of the Higher Secondary Course ;
(c) he must have passed the Test Examination corresponding to the Higher Secondary Examination ;
(d) he must have attended not less than seventy five per centum of the total Classes in Class-XI and Class-XII separately held during that course prior to commencement of the examination :
................................................................. "
Here is the case where the writ petitioners/appellants claim that they have satisfied the conditions as laid down in
(a), (b) and (d) of Regulation 6. Admittedly the appellants could not pass the Test Examination corresponding to Higher Secondary Examination. As such, the writ petitioners/appellants are unable to satisfy the condition as laid down in Regulation 6(c) of the said Regulation.
Since admittedly one of the conditions of Regulation 6 has not been fulfilled by the writ petitioners/appellants, we do not find any unreasonableness on the part of the school authority by not permitting them to fill in the requisite forms for allowing them to appear in the ensuing Higher Secondary Final Examination to be held in March 2014 as regular candidates.
Under such circumstances, we do not find any merit in this appeal. The appeal stands dismissed. The impugned order passed by the Learned Single Judge is not interfered with.
It is, however, made clear that if the writ petitioners/appellants intend to appear in the ensuing Higher Secondary Examination as external candidates, their prayer may be considered by the West Bengal Council of Higher Secondary Education and they may be permitted to appear in the ensuing Higher Secondary Examination as external candidates provided the Regulation permits them to appear as external candidates in the said examination.
Re: CAN 2163 of 2014 (Stay) In view of dismissal of the appeal in the manner as aforesaid, no further order need be passed on the stay application. The stay application being CAN 2163 of 2014 is thus deemed to be disposed of.
Let a photostat plain copy of this order, duly countersigned by the Assistant Registrar (Court), be given to the learned advocate of the appellants on usual undertaking.
(JYOTIRMAY BHATTACHARYA, J.) ( ISHAN CHANDRA DAS, J. )