CHINMOY CHOUDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Admission in Class XI in St. Xavier's School, Burdwan, was denied to the Petitioner who passed ICSE (Class X) Examination, 2011 conducted by the Council for Indian School Certificate Examination, New Delhi, with Grade A having secured 76.57% of marks in the said examination, though he studied in the very same school from KG Standard up to Class X. The Petitioner sought for admission in the said school in Class XI in the Commerce Stream. It is alleged by the Petitioner that though the admission was given to several students having secured less mark than the Petitioners, in the said institution but such admission was denied to the Petitioner. Accordingly the Petitioner has filed the instant writ petition seeking appropriate relief by complaining the discriminatory treatment of the school authority in selecting candidates for admission in Class XI (Commerce Stream) in the said school. Names of several candidates who were given admission in said school even though they secured less marks than the Petitioner, have also been mentioned in the writ petition with all details about the marks which they obtained in the ICSE Examination. The eligibility criteria which was fixed by the school authority for admitting the students in Class XI in Commerce Stream in the said school are as follows: <FRM>JUDGEMENT_759_TLCAL0_2011_1.html</FRM>

(2.) The Petitioner fulfils the said eligibility criteria. He obtained 76.57% of marks in the said examination. He obtained 86% of marks in Maths. Thus he has fulfilled the eligibility criteria. Still then the admission was denied to him though several students who even could not satisfy the minimum eligibility criteria for such admission, were favoured by the school authority by admitting them in the Class XI in the said school.

(3.) As such on the materials on record, this Court finds that the selection of candidates for admission in the Commerce Stream in Class XI in the said school, by the school authority was not free and fair. The allegations of discriminatory treatment which were made by the Petitioner against the school authority in the process of selection of candidates for admission in Class XI (Commerce Stream) in the said school have also been established. As such the relief which the Petitioner has claimed in the writ petition could have been given by this Court instantly at the time of entertaining this writ petition, but this Court refrained itself from granting such relief to the Petitioner, as a preliminary objection regarding maintainability of the writ petition was raised by Mr. Sundarananda Pal, learned Senior Counsel, appearing for the school authority.