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Calcutta High CourtWPA/3894/2025disposed

The Diocese Of Durgapur Church Of North India And ANR. v. State Of West Bengal And ORS.

2025-08-05Hon'Ble Justice Saugata Bhattacharyya2 pages

1.

1.

(DL) (DL) 05.08.2025 05.08.2025 Ct. No. 18 (ARPAN)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction (Appellate Side) (ASSIGNED) W.P.A. 3894 OF 2025 The Diocese of Durgapur, Church of North India Represented by the Secretary & Another Vs.

The State of West Bengal & Others Mr. Sanjoy Baid, Adv.

Mr. Rishabh Karnani, Adv.

...for the Petitioners Mr. Sirsanya Bandyopadhyay, Sr. S.C.

Ms. Tapati Samanta, Adv.

...for the State 1.

Matter is heard at length in presence of the learned advocates representing the parties.

2.

In terms of the previous order dated 24th June, 2025 a report in the form of affidavit affirmed on 4th August, 2025 is filed by the Commissioner of School Education, West Bengal and is taken on record. 3.

On perusal of the report it appears that in terms of the order dated 24th June, 2025 Commissioner of School Education has made an exercise and passed one order vide memo dated 1st August, 2025 which is enclosed to this report. On perusal of said memo dated 1st August, 2025 it appears based on materials available before the Commissioner of School Education decision could not be taken to issue 'No Objection' certificate in

favour of Bankura Christian Collegiate School, Bankura as prayed for in the writ petition.

4.

If petitioner is aggrieved by this memo dated 1st August, 2025, leave is granted to the petitioner to take steps against said memo of the Commissioner of School Education, West Bengal.

5.

It is made clear that all points are kept open and at this stage of the proceedings, this Court finds it not necessary to delve into the issue relating to eligibility of the school to receive 'No Objection' certificate from the concerned State authority.

6.

Writ petition stands disposed of.

7.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.)