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Calcutta High CourtMAT/795/2023disposed

Tanushree Kotal And ORS v. State Of West Bengal And ORS.

2023-05-10Hon'Ble Justice Subrata Talukdar,Hon'Ble Justice Supratim Bhattacharya3 pages

10.05.2023 Item No. 02 Crt.No.11 b.r. MAT 795 of 2023 with IA No. CAN 1 of 2023 Tanushree Kotal & Ors.

-vs- The State of West Bengal & Ors.

Mr. Biswaroop Bhattacharya Mr. Golam Mohiuddin ....... For the appellants.

Mr. Soumya Majumder Mr. Amitabrata Roy Mr. Arkadipta Sengupta Mr. Pradip Kr. Ghosh ...... for the University.

Mr. Prasenjit Mukherjee Ms. Puja Mondal ..... for the College.

Mr. Sauvik Nandy Mr. U.K. Jana ..... for the NCTE.

Party/parties is/are represented in the order of their name/names as printed above in the cause title.

It is brought to the notice of this Court that the appellants herein were the writ petitioners before the Hon'ble Single Bench. The appellants got admitted offline for the First Semester of the B.Ed. Course for the academic session 2022-2023.

The appellants claimed regularisation of their admission by the Respondent/University-in-issue

upon payment of a penalty amount as directed by an Hon'ble Single Bench by Order dated 26th of April, 2023 in WPA 9791 of 2023. The University submits that it is under no obligation to regularise the admission of the appellants since such admissions were not in accordance with the prescribed procedure laid down by the University.

Heard the parties and considering the materials placed, this Court finds that the facts connected to this appeal are pari materia with the facts covered by an order of this Court passed today in an analogous appeal, being MAT 792 of 2023. Accordingly, let the Order dated 10th May, 2023 in MAT 792 of 2023 be treated as part of this order and the terms of the Order in MAT 792 of 2023 shall also govern the present appeal.

However, before parting with this discussion, this Court is called upon to record the submission of the appellants that they have not suppressed any material facts.

With the aforesaid observations, MAT 795 of 2023 along with CAN 1 of 2023 stand disposed of. Affidavit of Service filed in Court today be retained with the record.

All parties shall act in terms of the copy of the order downloaded from the official website of this Court.

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

(Supratim Bhattacharya, J.) (Subrata Talukdar, J.)