MANAGING COMMITTEE NANGI HIGH SCHOOL Vs. SHANKAR PAL

JUDGEMENT

(1.) This is an appeal directed against the order dated 22nd May, 2002 passed by the learned single Judge whereby the learned single Judge has allowed the writ petition and directed respondent Nos. 5 and 6 to admit all the willing successful student of the Nangi High School (primary section) to class V of the Nangi High School (secondary section) as they have been promoted to class V. He further directed that after admission of these students, if vacancy remains, it will be open for the management to hold test for admission to class V of the students of other schools. Aggrieved against this order the present appeal has been filed by the management.

(2.) The brief facts which are necessary for disposal of the appeal are that some of the guardians of the students who are studying in Nangi High School (Primary section) filed the present writ petition. These students successfully completed their examination of class IV and they were to be admitted to class V of the Nangi High School (Secondary section), but the management insisted for a test for admission of these students along with the students coming from other schools. This action of the management for holding admission test for the students of Nangi High School (Primary section) for admission in class V of the Nangi High School (Secondary section) was challenged by the guardians of the wards who were studying in Nangi High School (Primary section). Their grievance was that since these students are students of Nangi High School (Primary section), therefore, after their successful completion of class IV studies they must be admitted to class V as a mater of routine and they should not be subjected to test, as both the schools are integrated schools.

(3.) Therefore, the question is whether the students of the primary section are entitled to be admitted to the secondary section of Nangi High School as a matter of course or it is open for the management to hold admission test for the students of Nangi High School (Primary section) along with students coming from other schools. The petition was contested by the respondent Nos. 5 and 6 and they have denied the allegations that it is an integrated school and stated that the primary section and the secondary section of the school are being managed by different bodies. It was contended that the primary section is governed by the West Bengal Primary Education Act, 1973 (hereinafter referred to as the Act of 1973) and the secondary section is governed by the West Bengal of Secondary Education Act, 1963. It was stated that both the schools are separate, independent entities and they are not integrated as alleged by the writ petitioners. It is also pointed out that the sources of fund for the management of both the schools are also different and, therefore, it cannot be said that they are integrated one; and therefore, the students who have passed from the primary section, that is class IV, cannot be admitted in the secondary section as a matter of course. The learned single Judge after examining the matter at length took the view that, on the basis of the materials placed before him, the primary section and secondary section of the school formed an integrated one; and once a student is admitted to the primary section he can study there upto class XII and he cannot be put to an admission test by the management. Aggrieved against this order the present appeal has been filed by the management.