SUKHENDU PRADHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner claims to be the husband of Smt. Chhandadipa Mondal, a Class-XII student of Pathar Pratima Ananda Lal Adarsha Vidyalaya (hereafter the school). Smt. Chhandadipa Mondal (hereafter the student) admittedly is a minor. THE petitioner has presented this petition under Article 226 of the Constitution, inter alia, praying for a direction on the Headmaster and the Secretary of the Managing Committee of the school, respondents 4 and 5 respectively herein, as well as the Secretary of the West Bengal Council of Higher Secondary Education (hereafter the Council), respondent no.6 herein, to allow her take the Higher Secondary Examination, 2011 to be conducted by the Council in March/April, 2011 as a very special case.

(2.) THE petitioner claims that after his marriage with the student was solemnised on May 2, 2010, she went to the school for continuing her study in Class-XII. However, the respondent no.4 prevented her on the ground that being married she would spoil the other unmarried students of the school. Repeated requests made by the petitioner and the in-laws of the student fell on deaf ears and she was not allowed to resume classes. THE respondent no.4 ultimately agreed to permit the student to take the Test Examination. Such examination is considered to be a just and proper preparation for school students who intend to take the Higher Secondary Examination conducted by the Council.

(3.) DR. Patra, learned advocate for the Council fairly conceded that the student is a victim of circumstances but did not hesitate to contend that she is not eligible to take the Higher Secondary Examination, not having attended the requisite number of classes.