SYED ABDUS SULTAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) When some arguments were advanced on the question of grant of interim relief during the pendency of the appeal the learned Counsel for the parties suggested before us that the appeal itself can be disposed of without any formalities being complied with and, accordingly, we accepted the suggestion of the learned Counsel for the parties and took up the hearing of the appeal which is now being disposed of by this judgment.

(2.) This appeal is preferred against a judgment and/or order of a learned Judge of this Court passed on 5th Dec., 2000 in W.P. No. 17034 (W) of 2000 by which the learned Judge dismissed the writ application of the writ petitioner which was moved by the writ petitioner, viz., Syed Abdus Sultan, father of Syed Mustafa Sadat for a direction upon the West Bengal Council of Higher Secondary Education (hereinafter referred to as "the Council") to permit Syed Mustafa Sadat to appear in the ensuing Higher Secondary Examination which will be held in the third week of March 2001 in the science stream (pure).

(3.) In our view, the judgment and/or order of the learned Judge was passed on a correct proposition of law and, therefore, there is no reason to upset the judgment and/or order of the trial Court for the reasons mentioned hereinafter.