28.03.2024
Item No. 4
Crt.No.22
b.r. WPA 4800 of 2024
Ayan Das (Minor)
-vs-
The State of West Bengal & Ors.
Mr. Gautam Dey
Mr. Prateep Bera
Ms. Dipanwita Ganguly
Ms. Ankita Ghosh
…. For the petitioner.
Ms. Bratati Roy Chowdhury
Mr. Arjun Samanta
…. For the State.
Mr. Mainak Ganguly
… for the Resp. no.4.
Affidavit of service filed in Court today, is taken on
record.
Mr. Gautam Dey, learned advocate appears for the
petitioner.
Ms. Bratati Roy Chwodhury, learned counsel
appears for respondent nos. 1 and 2.
Learned State counsel files a report dated
February 23, 2024 signed by the respondent no.2, the
jurisdictional District Inspector of Schools (S.E.),
Kolkata.
Mr. Mainak Ganguly, learned counsel, appears for
respondent no.4, the school concerned.
2
Mr. Ganguly places copies of the extract from the
discipline register of the school before this Court today,
the same is taken on record.
Copies of the said extract from the discipline
register of the school and copy of the report filed by
respondent no.2 are made over to Mr. Gautam Dey,
learned counsel appearing for the petitioner.
The writ petition has been filed by a minor
student of Jadavpur Bidyapith through his mother,
Smt. Sikha Das. The petitioner presently studying at
Class-X and is an aspirant for the Madhyamik
Examination, for the year 2025. Learned counsel for
the petitioner has informed this Court that the
necessary registration with the Board for the petitioner
has already been done and completed through the said
school. The school then on January 8, 2024 has issued
the Transfer Certificate in favour of the petitioner-
student for the reason “Change of School” and it was
certified by the school authority that the student has
been transferred on January 8, 2024, annexure p-3 at
page-19 to the writ petition. Challenging the said
Transfer Certificate the petitioner has filed the instant
writ petition.
Learned counsel for the petitioner submits that
the registration process for the ensuing Madhyamik
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Pariksha for the year 2025 has already been done
through the said school and at this juncture, if the
petitioner is transferred to another school then there
shall be a serious procedural complications with regard
to the change of registration certificate. Inasmuch as he
further submits that the first term examination for
Class-X of the school shall commence on and from April
1, 2024. Hence, the urgency in moving this writ petition
before this Court today. He further submits that at this
juncture, if the said Transfer Certificate is not set aside
and the school is not directed to resume admission of
the petitioner-student, the career of the petitioner shall
be irreparably jeopardised. Hence, this writ petition.
Mr. Mainak Ganguly, learned counsel appearing
for the school has drawn attention of this Court to the
copies of the extract from the discipline register and
submits that from time to time there are serious
allegations made by the girls students before the school
authority as would be evident from the discipline
register of the school. This Court considering the age of
the petitioner-student and his future refrains from
discussing the nature of allegation made against the
petitioner-student as would be event from the discipline
register. However, the allegations are quite serious and
if they are taken on their face value and gravity they can
be termed as charges. Thus, this Court thinks not to
4
discuss them elaborately. The extract from the discipline
register shows that the mother of the petitioner-student
has tendered apology on repeated occasions for the
conduct of her son. The extract from the discipline
register further shows that on or about January 28,
2024, the mother of the petitioner-student, namely,
Smt. Sikha Das specifically requested the school to
issue the Transfer Certificate in favour of the petitioner-
student. However, on a close reading of the averments
made in the writ petition this fact of request for issuing
Transfer Certificate made by the mother of the
petitioner-student has not been disclosed and the said
fact came into light only when the extract from the
discipline register has been produced before this Court.
This amounts to a clear suppression of material fact on
the part of the petitioner and his guardian who signed
and verified the writ petition.
From the report submitted by the learned State
counsel signed by the jurisdictional District Inspector,
the copies of the same extract from the discipline
register are available. Thus, this Court, since as already
discussed the said extract from the discipline register
herein before, does not require to deal with any further.
Learned counsel for the petitioner immediately
after the said facts are brought before this Court prayed
for an adjournment.
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After considering the rival contentions of the
parties and upon perusal of the materials on record,
this Court first keeps in its mind that the writ Court is
always a Court of conscience and a Court of equity.
The petitioner being a boy of 15 or 16 years,
student of Class-X at best even if loses one year from his
career but considering the conduct of the petitioner-
student as would be evident from the extract of the
discipline register, the same may be a blessing in
disguise so that a boy of 15 or 16 years can get a lesson
for his life where the loss of a single year from his career
will be a lesser burdensome event.
In the event, the petitioner-student is allowed to
march on the situation, he shall not get the lesson of life
considering the nature of allegations levelled against the
petitioner-student.
Inasmuch as the conduct of the mother of the
petitioner as discussed above is also deprecated by this
Court that while verifying the writ petition a material
fact was deliberately and wilfully suppressed as
discussed above.
Furthermore, considering the allegations against
the petitioner-student, the school has acted most fairly
while issuing the Transfer Certificate. It is a fair policy
decision of the school.
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In view of the foregoing reasons and discussions,
this Court is of the considered opinion that no equity
can be shown in favour of the petitioner-student.
It is also made clear that observation, if any, made
in this order against the petitioner-student shall not
have any effect or further effect on his future career
and if the petitioner or his guardian approaches any
other school for admission, such school authority shall
take steps by using its discretion strictly in accordance
with law without being influenced by observation, if any,
made in this order but with some sympathy considering
the future of the petitioner-student.
With the above observations, this writ petition,
WPA 4800 of 2024 stands dismissed, without any
order as to costs.
(Aniruddha Roy, J.)