JAISREE PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this writ application 10 students, through their respective guardians, studying in Higher Secondary Science Course, at the material time, have challenged certain action of the Principal, Midnapore College i.e. respondent No. 2 when admission of these students in the said college in Class XI, Science Group, for Session 1987-88 was found irregular and when the Secretary (Examination) West Bengal Council of Higher Secondary Education referred to consider a representation of the students and that of college to regularise their admission.

(2.) On 22nd September, 1988, this court passed an interim order prohibiting and restraining respondents concerned from changing and/or for directing the petitioners to give option for changing science groups to arts groups in the Class XII final examination. Before considering claim of the petitioners, facts, transpire from the affidavit in opposition filed by the Principal, Midnapore College, i.e. respondent No. 2, are worth mentioning.

(3.) On 2nd July, 1988, affairs of 17 students, as regards admission in the Higher Secondary Science Course, were detected inasmuch as those students did not obtain the prescribed marks in physical science and/or mathematics in the last qualifying examination. Respondent No. 2, on 2nd July, 1988, directed those 17 petitioners to apply for change of their subjects as permissible under Rules and/or to take fresh admission in Class 11 for the Session 87-88 with subjects as per provisions of H. S.Council and the stipulations in the college prospectus. 10 students are among those 17 students. On 27th July, 1988, guardians of those 17 students were requested to meet the Principal i.e. respondent No. 2, on August 1 and 2, 1988 to discuss the matter. In the month of July, 1988, on diverse dates, representations were made before the said respondent No. 2 on behalf of these 17 students. It was contended that they were admitted in Class XI Science Stream in the year 1987 in 87-88 session and were allowed to continue the said course regularly and on successful completion of the course in Class XI, they were promoted to Class XII Science stream in 1988. It has been alleged in the one of the representation dated 26th July, 1988, inter alia.