Calcutta High Court (Appellete Side)
(Krittibus Mahapatra vs The State Of West Bengal & Ors.) on 27 May, 2014
1
7.5.2014
l.no. 6
TG
WP 15574 (W) of 2014
(Krittibus Mahapatra -vs- The State of West Bengal & Ors.)
Mr. Biswajit Sau....for the petitioner
Mr. Sadhan Halder
Mr. Jaladhi Das ...for the respondents
The grievance of the petitioner in this writ petition is that although he was
admitted in the B.Tech. Course and allowed to participate in the examination for
the 1st semester held in the year 2013, but for appearing in the 2nd semester
examination he is not being allowed on the ground that he had no required
qualification. The petitioner claims that he obtained the certificate of "Shastri",
which is equivalent to Bachelor of Arts and that is also reflected in the letter
dated 15th October, 2013 issued by the Ministry of Human Resource
Development, Department of Higher Education, Languages Division. Item no.4
under the heading Examinations conducted by RSKS, "Shastri" (1st, 2nd and 3rd
year) is equivalent to B.A. (1st, 2nd and 3rd year). It is the grievance of the writ
petitioner that although 2nd semester examination is scheduled to be held on and
from 5th June, 2014 and for that purpose required forms are to be filled up on
29th May, 2014, but the petitioner is not allowed to fill up the form.
In that view of the matter, I am satisfied about the urgency involved in this
matter and I pass this direction upon the respondent nos. 3 and 4 to allow the
2
petitioner to fill up the required form for the 2nd semester examination scheduled
to be held on and from 5th June, 2014, but this order will be subject to the result
of the writ petition and the authorities will not publish the result of the 2nd
semester examination till further order is passed to that effect by this Court.
The respondents are at liberty to file their affidavit-in-opposition within a
period of three weeks from date. Affidavit-in-reply thereto, if any, by two weeks
thereafter.
Let the matter appear as 'Contested Application' before the regular Bench
six weeks after the vacation.
Let a plain copy of this order duly countersigned by the Assistant Registrar
(Court) be handed over to the learned advocate for the petitioner on usual
undertaking.
.
(Sahidullah Munshi, J.)