Biplab Jana And ANR v. West Bengal Board Of Secondary Education And ORS

sandip Ct. 19 29.01.2025 In The High Court At Calcutta Constitutional Writ Jurisdiction W.P.A. 2170 of 2025 Biplab Jana & Anr.

Vs.

The West Bengal Board of Secondary Education & Ors.

Mr. Nilotpal Chatterjee, Mr. Satyaki Banerjee ... For the petitioners. Ms. Koyeli Bhattacharyya, Ms. Bibek Datta ... For the WBBSE. Mr. Debraj Sahu, Ms. Antara Biswas ... For the respondent no. 3. Affidavit-of-service filed on behalf of the petitioners be kept with the record.

The petitioner no. 2 is the son of the petitioner no. 1, who intends to take up the ensuing Madhyamik Pariksha, 2025. The petitioner no. 2 took admission in his present school, i.e., Bakrabad Bharatiya Vidyapith (H.S.), Paschim Medinipur, in Class-X, after taking transfer from Ramkrishna Mission Boys' Home High School (H.S.), Rahara, District - 24 Parganas (North).

The registration of the petitioner no. 2 with the West Bengal Board of Secondary Education was done while he was a student of Class-IX at his erstwhile school but the present school since has failed to enroll him for the ensuing Madhyamik Pariksha, 2025, his admit card has not been issued. The petitioners are praying issuance of the said admit card.

Ms. Koyeli Bhattacharyya, learned advocate for the Board submits that by a Notification dated January 05, 2025, the date of enrollment of the students for the said examination was extended till January 07, 2025, but the school did not avail the said opportunity, at present, it would be difficult for the Board to issue fresh admit card to the petitioner no. 2 as the enrollment was

conducted through online process, besides there are other difficulties.

Mr. Debraj Sahu, learned advocate for the school, fairly submits that it was the mistake of his client, for which the student cannot suffer.

Heard the learned advocate for the parties, perused the materials on record.

It is rightly submitted that the student should not suffer for the laches of the school, particularly when, the said student has no contribution in the said fault.

The Board therefore is directed to enroll the petitioner no. 2, namely, Arijit Jana, S/o, Sri Biplab Jana for the ensuing Madhyamik Pariksha 2025 offline and to issue admit card to him for the said examination, subject to compliance of all necessary formalities and payment of fees.

To facilitate such enrolment, the representative of the school and the said student are directed to appear before the concerned authority of the Board with necessary documents tomorrow (i.e. January 30, 2025) at 12 P.M.

It is made clear that the direction to issue admit card has been passed in the matter considering the peculiar facts and circumstances of the case, as such this order should not be treated as a precedent.

W.P.A. 2170 of 2025 is disposed of with the above observations without any order as to costs.

Parties to act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)