Supreme Court - Daily Orders
Central Model School, Higher Secondary ... vs State Of West Bengal on 1 October, 2015
Bench: Fakkir Mohamed Ibrahim Kalifulla, Uday Umesh Lalit
SLP(C) NO. 16369 of 2015
OUT-TODAY
ITEM NO.1 COURT NO.7 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
I.A. 3-4/2015 in
Petition for Special Leave to Appeal (C) No. 16369/2015
(Arising out of impugned final judgment and order dated 13/05/2015
in WP No. 10565/2015 passed by the High Court at Calcutta)
CENTRAL MODEL SCHOOL, HIGHER
SECONDARY SCHOOL & ORS. Petitioner(s)
VERSUS
STATE OF WEST BENGAL & ORS. Respondent(s)
(For directions and office report)
WITH
IA NO. 4/2015 in SLP(C) No. 16370/2015
[MOHD. SHAMIM AND ORS. V. STATE OF WEST BENGAL & ORS.]
(For directions and Office Report)
Date : 01/10/2015 These applications were called on for hearing
today.
CORAM :
HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA
HON'BLE MR. JUSTICE UDAY UMESH LALIT
For Petitioner(s) Mr. Jaideep Gupta, Sr. Adv.
In SLP 16369 Mr. Kunal Chatterji, A.O.R.
Mr. Tanoy Chakraborty, Adv.
In SLP 16370 Mr. Rana Mukherjee, Sr. Adv.
Mr. Partha Sil, A.O.R.
Mr. Tavish B. Prasad, Adv.
For Applicant(s)
in IA 3 in SLP 16369
[For Owner] Ms. Indu Malhotra, Sr. Adv.
Signature Not Verified Mr. Abhijit Guha Ray, Adv.
Digitally signed by
Kalyani Gupta
Mr. Himanshu Shekhar, A.O.R.
Date: 2015.10.01
15:43:52 IST
Reason:
in IA 4 in SLP 16369
[For School] Mr. Jaideep Gupta, Sr. Adv.
PAGE NO. 1 of 5
SLP(C) NO. 16369 of 2015
OUT-TODAY
Mr. Kunal Chatterji, A.O.R.
Mr. Tanoy Chakraborty, Adv.
in IA 4 in SLP 16370
[For Students] Mr. Rana Mukherjee, Sr. Adv.
Mr. Partha Sil, A.O.R.
Mr. Tavish B. Prasad, Adv.
For Respondent(s) Ms. Indu Malhotra, Sr. Adv.
Mr. Abhijit Guha Ray, Adv.
Mr. Himanshu Shekhar, A.O.R.
For State Mr. Parijat Sinha, A.O.R.
Ms. Reshmi Rea Sinha, Adv.
Mr. S.C. Ghosh, Adv.
Mr. Gaurab Ghosh, Adv.
UPON hearing counsel the Court made the following
O R D E R
Yesterday, Mr. Jaideep Gupta, learned senior counsel for the petitioner-School mentioned before us pointing out that by our earlier order dated 14th August, 2015, the petitioner-School was granted further time to handover possession of the said premises by 30th September, 2015, by imposing some conditions and that in view of certain development which had taken place, the applicant needed certain orders from this Court. We, therefore, permitted this application also to be listed along with the earlier application which was directed to be listed today.
After hearing Mr. Jaideep Gupta, Mr. Parijat Sinha, Ms. Indu Malhotra and Mr. Rana Mukherjee for PAGE NO. 2 of 5 SLP(C) NO. 16369 of 2015 OUT-TODAY the respective parties, we find that the petitioner has now come to know of an institution called 'Carry High School' located at 185/D, Suresh Sarkar Road, Kolkata, that, the said School is on the verge of closure and the Management of the School has approached the District Inspector of Schools, expressing their inability to run the School. It is also pointed out that the said School is already running on a land belonging to the State Government. The learned Senior Counsel also submitted that the applicant/petitioner-School has negotiated with the Management of the said 'Carry High School' who have agreed to transfer the students who are now studying in their School and also handover the entire Management of the School subject to the State Government passing appropriate orders of approval for such transfer as well as for shifting of the applicant/petitioner-School to the premises where the said 'Carry High School' is running the institution.
In fact, yesterday itself, we directed the applicant/petitioner-School to get Mr. Parijat Sinha, Standing Counsel for the State to be present PAGE NO. 3 of 5 SLP(C) NO. 16369 of 2015 OUT-TODAY before us in order to ensure that he is also able to get some instructions from the State Government and ascertain whether the claim of the applicant/petitioner-School can be considered. Mr. Parijat Sinha, Standing Counsel for the State submits before us that he will be able to get necessary instructions within a period of two weeks. The counsel for the applicant/petitioner- School also submitted that they will also be able to get the consent letter from Carry High School apart from the specific stand of the Counsel for the State that the School Authorities and the State Government can state as to whether or not the approval which the applicant/petitioner-School seeks to apply for transfer and shifting can be considered and granted.
In order to ensure that the proceedings are concluded one way or the other, we feel that the said Management of the Carry High School should also be impleaded herein as a party respondent, so that in future, orders can be passed in their presence. With that view while issuing notice to the State Government, we also implead Carry High PAGE NO. 4 of 5 SLP(C) NO. 16369 of 2015 OUT-TODAY School, 185/D Suresh Sarkar Road, Kolkata - 700 014 as a party respondent in this application. Cause title be amended accordingly. Let notice be served on the said School i.e. the newly added respondent by Monday by dasti. We make it clear that subject only to the written consent being expressed by the said School Management and the firm stand of the State Government that such proposal for transfer of the Management of the said School along with students as well as the shifting of the applicant/petitioner-School to the said premises can be favourably considered, the grant of any relief in this application will be considered.
List these applications on 16th October, 2015.
We extend the time granted to the
applicant/petitioner-School for handing over
possession till further orders subject to payment of occupation charges at the same rate at which it was being paid for the previous months.
[KALYANI GUPTA] [SHARDA KAPOOR]
COURT MASTER COURT MASTER
PAGE NO. 5 of 5