MANAS SARKAR Vs. UNIVERSITY OF CALCUTTA

JUDGEMENT

(1.) There are 5 writ petitions altogether. All the 5 writ petitions are meant for the purpose of granting relief in favour of the petitioners in the nature of regularisation of their candidature as students of the concerned law college under the University of Calcutta. Out of the 5 writ petitions, 3 writ petitions have been made in the Original Side jurisdiction of the High Court when other 2 writ petitions are made in the Appellate Side jurisdiction of the High Court. Although not similar, but common cause of action is involved in respect of all the 5 writ petitions.

(2.) Out of the 5 writ petitions W.P. No. 1957 of 1999, (Ms. Sreemoyee Das v. State of West Bengal) is made contending that the petitioner was under the impression that her Roll Number is 73 and paid all the tuition fees etc. on the basis of such impression. Subsequently, she came to know from the college authority before depositing the requisite fee for examination that her actual Roll Number is 75. Therefore, the petitioner's name did not figure either in the list of collegiate or non-collegiate students although she did attend the classes excepting for a brief period in between December and January, 1999 when she was ill. However, the petitioner was allowed to deposit requisite fees for the purpose to be paid by the non-collegiate students as well as the tuition fees etc. Therefore, she should be allowed to sit in the examination.

(3.) The next application being W.P. No. 1960 of 1999 (Ajoy Kumar Singhania v. University of Calcutta) is for non-consideration of medical certificate for the purpose of allowing him to sit in the examination upon completion of formalities yet he was askedby the Doctor to take bed rest for 4 months in a year. It was further contended that he had submitted medical report and thereafter he was allowed to fill up the forms as per the notice dated 7th and 8th July 1999 on medical ground but even then he was not allowed to sit in the examination.