Sajida Bibi v. The West Bengal Board Of Secondary Education And ORS.
22.01.2025 Ct. No. 18 adeb W.P.A. 1377 of 2025 Sajida Bibi Vs.
The West Bengal Board of Secondary Education & Ors.
Mr. Shreyeta Mitra ...for the Petitioner Mr. Anjan Bhattacharya Ms. Anita Shaw Ms. Salma Sultana ...for the School Ms. Koyeli Bhattacharyya Mr. Bibek Dutta Ms. Keya Panja ...for the WBBSE Affidavit of service filed on behalf of the petitioner is taken on record.
Grievance of the petitioner is her daughter namely Nasrin Khatun is a student of class X in 2024 academic session in Ariapara High School (HS) South 24 Parganas whose academic future is on tenterhook since till date she has not been provided with registration certificate and she has also not been enrolled for participating in ensuing Madhyamik Examination 2025 which is scheduled to commence on an from 10th February, 2025. It is submitted on behalf of the petitioner that the student passed class IX annual examination and was promoted to class X in 2024 but she was not registered for participating in Madhayamik Examination 2025. Prayer is made by presenting this writ petition to direct the concerned
authority of West Bengal Board of Secondary Education to complete registration and enrolment of the student on completion of necessary formalities. Mr. Anajan Bhattacharya, learned advocate representing the school authority admits that it was fault on the part of the said school since three students of identical name including ward of the petitioner were reading in class IX in 2023 and out of these three students two qualified in class IX annual examination including the ward of the petitioner but one student failed in the said examination. The school authority instead of forwarding name of the ward of the petitioner for registration forwarded the name of the failed candidate as a result whereof till date petitioner's ward has not been registered and enrolled for participation in Madhayamik Examination 2025. It is submitted on behalf of Board by Ms.
Bhattacharya, learned advocate that on withdrawal of name of the failed candidate by the school authority ward of the petitioner shall be registered on compliance of formality.
On submissions made by the respective parties it appears that due to fault on the part of the school authority petitioner's ward has not been registered and enrolled for ensuing Madhyamik Examination 2025. Academic interest of the student cannot be
sacrificed due to fault on the part of the school authority.
Hence, Headmaster of Ariapara High School being respondent no. 5 is directed to appear before the Deputy Secretary Examination of the Board on 24th January, 2025 at 12.00 noon and supply the name of the ward of the petitioner for registration upon depositing late fee and at the same time the headmaster shall withdraw the name of the failed candidate whose name has been wrongly registered by the Board. All other necessary formality shall be complied with on the aforesaid date and the ward of the petitioner shall be registered and enrolled which would permit her to participate in Madhayamik Examination 2025. Petitioner and her ward shall accompany the headmaster of the school on 24th January, 2025 when headmaster will appear before the Deputy Secretary Examination of the Board. Leave is granted to the petitioner to amend the cause title in course of this day and add Deputy Secretary Examination as additional respondent. Service of notice upon additional respondent stands dispensed with since Board is represented by learned advocate.
Leave is granted to the learned advocate for the petitioner to communicate this order to the Board without waiting for server copy of this order.
Writ petition stands disposed of.
Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.
(Saugata Bhattacharyya, J.)