BRAHMO BALIKA SHIKSHALAYA Vs. DEBASISH KAR GUPTA

JUDGEMENT

(1.) :- This appeal is directed against a judgment and order dated 19-7-99 passed in W.P. No. 24113 (W) of 1998 whereby and whereunder the writ petition of the writ petitioners/respondents questioning a decision taken by the Appellant herein to take examination of thestudents for admission in Class-V by a notice dated 13-8-1998 was allowed.

(2.) The writ petitioners are fathers and natural guardians of their daughters Anewsha Kar Gupta and Rupsa Basu respectively. They were admitted in the school to the primary section and in the examination held for the students for Class IV obtained 81% and 91% marks respectively.

(3.) The school is a Higher Secondary School having Montessori, Primary, Secondary and Higher Secondary Departments with a Ladies' Hostel for the students. The writ petitioners' contention is that all the aforementioned sections are run by the same Managing Committee.The learned trial Judge, keeping in view the facts and circumstances of the case, formulated three following questions :