Deshbandhu Bit v. State Of West Bengal And ORS.

24/03 In the High Court at Calcutta Constitutional Writ Jurisdiction AD/42/24 Appellate Side 266312 WPA/3819/2026 NANDY (DO) Deshbandhu Bit VS.

The State of West Bengal & Ors.

Mr. Kajal Ray, Advocate Mr. Suman Nandi, Advocate ......for the Petitioner Mr. Amitava Choudhuri, Advocate Mr. N. Roy, Advocate ......for the University Mr. Manas Kundu, Advocate ......for the State

1. Affidavit of service, as filed, be kept with the record.

2. The petitioner is a student, pursuing a B.A. LL.B. degree in the Durgapur Law College, affiliated to the Kazi Nazrul University.

3. The petitioner is an extremely meritorious student, hailing from a rather humble background. The petitioner was unable to pay the fees for three years, as his father's only source of income, a roadside tea-shop, was dismantled, leaving the entire family without any means of sustaining itself. As the petitioner could not pay his fees, he was unable to sit for the examinations in the 8th, 9th and 10th semesters.

4. Mr. Choudhuri, learned Counsel appearing for the University, submits that the cap of two years is an impediment in such cases.

5. In view of the peculiar facts and circumstances of this case, I direct respondent no. 5, to consider the case of the petitioner by 30.04.2026 and take a decision in the matter having regard to the facts of the case.

6. In the event the Registrar's finding is in favour of the

P a g e | 2 petitioner, the petitioner will be entitled to sit for the exams which have tentatively been fixed in July 2026, upon payment of all requisites, including arrears of fees, if any.

7. I make it clear that I have not gone into the merits of the case, and the Registrar will be at liberty to decide the issue after consideration of all facts and circumstances.

8. In the event the Registrar's findings are in favour of the petitioner, the same will be entirely on the facts of the case and shall not be construed as a precedent in any manner whatsoever.

9. With these directions, WPA 3819 of 2026 is disposed of. No order as to costs.

(Reetobroto Kumar Mitra, J.)