Calcutta High Court (Appellete Side)
Samiruddin Shaikh vs The Union Of India & Ors on 15 November, 2022
Author: Aniruddha Roy
Bench: Aniruddha Roy
09 15.11.2022
Sc Ct. no.22
WPA 23284 OF 2022
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Samiruddin Shaikh Vs. The Union of India & Ors.
Mr. Samim Ahammed Mr. Arka Maiti Ms. Gulsanwara Pervin.
....For the petitioner Mr. Santanu Kr. Mitra Ms. Sangeeta Roy.
....For the State Mr. Pulakesh Bajpayee ....For the Respondent Nos. 5, 6 & 7 Affidavit-of-service filed in Court is taken on record. The writ petitioner is the father of a ward named Master Salahuddin Shaikh (hereafter referred to as Salahuddin). Salahuddin was a student of Class-V. He was pursuing his studies with the respondent no.10 lastly. Salahuddin applied to take admission in Class-VI at JAWAHAR NAVODAYA VIDYALAYA, Berhampore, Murshidabad, being represented through the respondent nos. 4, 5 and 6.
The respondent no.10 according to the petitioner had the relevant DISE CODE bearing No.19072007107 as would be evident from Annexure-P1 to the writ petition. Prior to respondent no.10, Salahuddin was a student of the respondent no.9 which had also a DISE CODE bearing No.19072014108, Annexure-P2 to the writ petition. On the basis of the necessary documents 2 being submitted by and/or on behalf of Salahuddin, he was provisionally admitted at the said JAWAHAR NAVODAYA VIDYALAYA, Berhampore, Murshidabad. The relevant documents are annexed as Annexure-P5 and part of Annexure-P9 at page 40 onwards of the writ petition. Salahuddin was allowed to carry out his classes and pursued his course at the JAWAHAR NAVODAYA VIDYALAYA, Berhampore, Murshidabad, for about two months and then under the impugned decision/order dated September 24, 2022, Annexure-P9 to the writ petition, his admission was recalled and cancelled by the authority of the JAWAHAR NAVODAYA VIDYALAYA, Berhampore, Murshidabad. The principal reasons as shown in the said impugned order were that Salahuddin had failed to follow the instruction of the JAWAHAR NAVODAYA VIDYALAYA, Berhampore, Murshidabad, as mentioned in its Admission Prospectus, inter alia, under point number 4.4 during the submission of his application before the selection test. It was also mentioned that Salahuddin by filling up the application that he was studying in a recognised school which, according to the JAWAHAR NAVODAYA VIDYALAYA, Berhampore, Murshidabad school authority, was a false information submitted by and/or on behalf of Salahuddin in the application form though initially he was Provisionally selected and admitted at JAWAHAR NAVODAYA VIDYALAYA, Berhampore, Murshidabad. 3 On the basis of such alleged wrong information having been submitted by and on behalf of Salahuddin. His admission was recalled by the JAWAHAR NAVODAYA VIDYALAYA, Berhampore, Murshidabad, and accordingly cancelled.
Mr. Samim Ahammed, learned advocate appearing for the writ petitioner submitted that with all bona fide Salahuddin had submitted all the documents relating to his previous schools before the JAWAHAR NAVODAYA VIDYALAYA, Berhampore, Murshidabad while applying for admission and from such relevant documents of the previous schools being Annexures-P1 and P2 to the writ petition, it would be evident that the relevant DISE CODE were also mentioned in respect of the said previous schools.
Mr. Ahammed also submitted that once this DISE CODE is provided to a school, it is clear that the relevant State authority had granted recognition to such schools, because this DISE CODE is only provided for under the statutory provision by the relevant State authority. Salahuddin then obtained the relevant Transfer Certificate dated July 28, 2022 from his previous school and submitted the same before the JAWAHAR NAVODAYA VIDYALAYA, Berhampore, Murshidabad, as would be evident from page 40 of the writ petition. Salahuddin thus at present is not a student of any school after provisional admission was cancelled by the 4 JAWAHAR NAVODAYA VIDYALAYA, Berhampore, Murshidabad. His studenthood and career is at serious jeopardy at the beginning of his life.
Referring to Clause - 4.4 at page 46 to the writ petition Mr. Ahammed submitted that, the criteria are three-fold for a student seeking admission in JAWAHAR NAVODAYA VIDYALAYA, Berhampore, Murshidabad. Such student should have been from a Government or a Government aided or a recognised school. He submitted that the respondent no.10 and the previous school where Salahuddin pursued his study were definitely recognised schools in view of the said DISE CODEs being provided to them. Therefore, the decision of the JAWAHAR NAVODAYA VIDYALAYA, Berhampore, Murshidabad recalling the admission of Salahuddin on the ground that his previous school was/schools were without any recognition cannot be held good and such cancellation of admission is liable to be set aside and/or quashed.
Mr. Pulakesh Bajpayee, learned counsel appearing for the respondent nos. 4, 5, 6 and 7 representing JAWAHAR NAVODAYA VIDYALAYA, Berhampore, Murshidabad referring to the said Clause 4.4 submitted that, this was a mandatory condition for seeking admission as a student at JAWAHAR NAVODAYA VIDYALAYA, Berhampore, Murshidabad that the student must come from a previous school which is recognised by the State. He submitted that at the time of 5 applying for admission before the JAWAHAR NAVODAYA VIDYALAYA, Berhampore, Murshidabad it was mentioned by Salahuddin or on his behalf that, the last schools were recognised but, in fact, they are not. According to Mr. Bajpayee this was a clear and deliberate wrong and false statement and information made and furnished by Salahuddin or on his behalf while taking admission at the JAWAHAR NAVODAYA VIDYALAYA, Berhampore, Murshidabad.
Mr. Bajpayee further submitted that the provisional admission will not create any right in favour of the candidate. Even after provisional admission after due scrutiny of everything, all facts and records, if it appears to the JAWAHAR NAVODAYA VIDYALAYA, Berhampore, Murshidabad that the admission ought not to have been granted or the candidate could not qualify the requisite criteria for such admission, such admission can be cancelled at stage, as in the instant case has happened.
Mr. Bajpayee prays for an opportunity to file an affidavit-in-opposition for disclosing all the relevant materials before this Court, which are necessary for adjudication.
Considering the rival contentions of the parties and considering the materials on record, the first question that arose to the mind of this Court to consider the prima facie case is that, when Annexures-P1 and P2 to the writ 6 petition specifically show and mention of the respective DISE CODEs as discussed above, this definitely pre- supposes the recognition of the concerned schools. When such DISE CODEs are made known to the parents of the wards, the legal presumption should be that, the schools are recognised. On the basis of such presumption it is quite natural that the parents of the wards would act and in the instant case had acted. It is the State authority whose discretion and responsibility is to grant or refuse the DISE CODE to a particular school. This needs to be ascertained in this writ petition also whether the DISE CODEs as mentioned in Annexures-P1 and P2 to the writ petition were actually provided for by the State authority or not.
This Court is also of the prima facie view that it is equally the responsibility of the State authority, that if any school in a misleading manner and by way of adopting a falsehood, uses such DISE CODE, then the State authority must take steps against such delinquent school.
Considering the fact that the studenthood of a student of Class-VI is in jeopardy, the prima facie case, in view of the facts and circumstances as discussed above, is in favour of Salahuddin warranting an interim order. The balance of convenience and inconvenience are also overwhelmingly in favour of the case made out by Salahuddin at this prima facie stage.
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In view of the foregoing discussions and reasons the respondent nos. 4 to 7 and/or the said JAWAHAR NAVODAYA VIDYALAYA, Berhampore, Murshidabad are directed to set apart and keep one seat vacant in Class-VI for which Salahuddin had applied for until further order.
The respondents are directed to file affidavits-in- opposition on or before December 15, 2022. Reply, if any, thereto be filed on or before January 5, 2023. ACO Considering the urgency involved in this writ petition, since a seat is being directed to be kept vacant in Class-VI of the relevant school, the writ petition shall appear for further consideration under the heading "For Orders" on January 9, 2023.
In view of the observations made above, the State is also directed to take its specific stand in its affidavit-in- opposition as directed above.
The parties will be at liberty to communicate the gist of this order to JAWAHAR NAVODAYA VIDYALAYA, Berhampore, Murshidabad and/or the respondent nos. 4 to 7 even without waiting for the server copy.
(Aniruddha Roy, J.)