SUDHANSU KUMAR GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By consent of the parties, this matter is taken up for final disposal under the heading "To be Mentioned" due to urgency as pleaded on behalf of the writ petitioner.

(2.) The instant application has been filed by a parent of a student who has been pursuing his studies in a school, named, South Point High School. In the year, 2009, the student, Soumik Ghosh, was studying in Class-XII of the said school and had appeared for a pre-selection test held by the school to enable him to appear for the selection test, which was scheduled to be held subsequently, for being selected as a candidate to appear for the Higher Secondary Examination, 2010, conducted by the West Bengal Council of Higher Secondary Education. Although, he passed his pre-selection test overall, he failed in Mathematics, securing 21 marks out of 100 (full marks). From an endorsement made by the class teacher in the pre-selection progress report it is noted that Soumik was weak in Mathematics and should study hard to improve his score. Subsequently, Soumik appeared in the selection test but could not clear it, having failed in four subjects. Thereafter, the student made a representation before the Principal of the said school through his father on 15th December, 2009, which forms the very basis of filing of the instant writ petition.

(3.) In the said representation dated 15th December, 2009, the writ petitioner has stated that his son Soumik of Class-XII, E, (Aft.) has failed in four subjects in the selection test for which the school was not allowing him to appear in the ensuing Higher Secondary Examination, 2010. It has been further stated that although the school was considering those students who had either failed in two and three subjects sympathetically, by allowing them for appearing for a re-test and subsequently allowing them to fill-up the form for the Higher Secondary Examination, 2010, so far as Soumik was concerned, the school did not allow him to sit for re-test. In the representation, the writ petitioner has also attributed the unsatisfactory result of Soumik to a 'Generalised Anxiety Disorder' (GAD), combined with comorbid depression from first week of August, 2009, though it is also stated that he fully recovered from this episode of psychological problem in the middle of October, 2009. The petitioner has also stated that after the result of the selection test, Soumik was again mentally disturbed, but was devoting himself fully in his studies, to do excellent result in future. In the circumstances, as stated in details in the said representation dated 15th December, 2009, the petitioner made a request before the Principal of the school to kindly treat Soumik as part of the students who had either failed in two or three subjects upon consideration of his illness and past academic career, for the purpose of his selection as a candidate for the Higher Secondary Examination, 2010. A prayer was also made to allow Soumik to sit for the re-test examination, which was scheduled to be held on 4th January, 2010, and to allow him to fill-up the form on 7th January, 2010, for the Higher Secondary Examination, 2010.