MRITYUNJOY BOSE Vs. HEAD MASTER HARE SCHOOL

JUDGEMENT

(1.) This application under Article 226 of the Constitution of India has been made by a practising Advocate of this Court and his minor son who has been made petitioner No. 2. The petitioner No. 2 was admitted to Class VI of the Hare School a renowned Government School in Calcutta in the year 1979 and since then he has been a student of the said school. He appeared in the Madhyamik Examination in 1984 from Hare School and passed in the First Division.

(2.) The grievance of the petitioners are that although the petitioner has passed from Hare School in the First Division he has not been taken in Class XI in General Stream Course with Science subjects. He has been shown in the waiting list at serial no. 7 although students from other schools have been given preference and have been shown as selected for admission. This, according to the petitioners, is violative of Article 14 of the Constitution and also contrary to the Government Orders and Notifications. The Notices for admission issued and selection list published have been impugned in this application. Upon the said application an ad-interim order was issued on 12th July 1984 directing the Headmaster of Hare School not to proceed with the admission on the basis of selection list and notice of admission for Class XI in the Science subjects. In this application the petitioners have asked for a direction upon the Headmaster of Hare School for admitting the petitioner in Class XI in General Stream Course with Science subjects in accordance with the Government Notifications.

(3.) Since the matter is of utmost importance to the students who are seeking admission to Hare School, it was agreed by the learned Standing Counsel appearing for the respondents and the learned Advocate for the petitioners that this matter can be disposed of without any affidavit. The relevant records have been produced before this Court.