SECRETARY, MANAGING COMMITTEE, CHAKNAN PALLISHREE SIKSHANIKETAN & ANR Vs. STATE OF WEST BENGAL & ORS

JUDGEMENT

(1.) As common questions of law and fact are involved in the writ petitions, the same have been heard analogously. The first writ petition being WP 1625 (W) of 2016 has been preferred by the authorities of Chaknan Pallishree Siksha Niketan (H.S.) (hereinafter referred to as the first school) challenging a memo dated 5th June, 2014 issued by the District Inspector of Schools(SE), Purba Medinipur (hereinafter referred to as D.I.) and memoranda dated 5th February, 2015 and 13th January, 2016 issued by the Secretary of the West Bengal Board of Secondary Education (hereinafter referred to as the Board) and the second writ petition being WP 9832 (W) of 2017 has been preferred by the authorities of Chaknan Milani Balika Vidyapith (hereinafter referred to as the second school) praying for issuance of necessary direction upon the first school to comply with the orders passed by the D.I. and the Board.

(2.) The first school says that it is a co-educational school and it continues to enjoy such status and is entitled to admit girl students on the basis of general extension orders issued by the competent authority being the Board whereas the second school, which is recognised as a girls' school and is situated adjacent to the said first school, disputes such co-educational status of the first school and challenges the admission of girl students in the first school.

(3.) Mr. Samanta, learned advocate appearing for the petitioners in WP 1625 (W) of 2016 submits that the first school was initially recognised as a 2-class Junior High School with effect from 1st January, 1965 and subsequent thereto, it was upgraded as a Class-X High School and recognized as a Higher Secondary School with effect from the year 1968 and 2010 respectively. On and from the date of upgradation as a Class-X High School with effect from 1st January, 1968 till 31st December, 1969, it was granted permission to introduce/continue co-education and such permission was extended from time to time till 31st December, 1972. The school was thereafter recognised as a Higher Secondary school by the West Bengal Council of Higher Secondary Education (hereinafter referred to as the Council) with effect from 2010-2011 and it was allowed to admit girl students even in the Higher Secondary sections. Abruptly thereafter, without any prior notice, the authorities of the first school were directed by a memo dated 5th June, 2014 issued by the D.I. not to admit any girl student. Aggrieved thereby the petitioner no.2 submitted representations to the Board and by a memo dated 5th February, 2015 the Secretary of the Board, in compliance with an order dated 11th January, 2015 issued by the Administrator of the Board, directed the first school to comply with the direction of the D.I. as contained in the earlier memo dated 5th June, 2014 and not to admit girl students in Class V to X. Thereafter by a memo dated 13th January, 2016 the Secretary of the said Board directed the petitioner no.2 to admit only boy students from the academic session of 2016-17 upto Class X and to issue transfer certificates to all girl students admitted for facilitating them in getting admission to their own choice of schools.