Ajimul Haque Layek v. State Of West Bengal And ORS.

Court No. 2 In the High Court at Calcutta 31.10.2025 Constitutional Writ Jurisdiction (Item No. 3) (AB) Appellate Side W.P.A. 20970 of 2025 Ajimul Haque Layek VS The State of West Bengal & Ors.

Mr. Syed Samsul Arefin .... For the petitioner Mr. Swapan Kumar Chatterjee .... For the State Upon urgency being pleaded on mentioning and since the regular determination has been assigned to this Court, this writ petition has been taken up for consideration by publishing in the daily cause list.

Mr. Syed Samsul Arefin, learned counsel appears for the petitioner.

Mr.

Swapan Kumar Chatterjee, learned counsel appears for the State.

The writ petitioner claims to be guardian of a student of one Oari High School, Purba Burdwan. His son is still studying. The solitary grievance of the petitioner is that, the present Headmaster, who is going to retire today from the school has allegedly defalcated substantial amount from the fund of the school. Petitioner has lodged complaint before the jurisdictional D.I. and the other State authorities but no step has been taken.

After hearing the learned counsel for the parties and considering the nature of grievance in the

writ petition it appears to this Court that, as a guardian of a student so long there is no allegation with regard to imparting education by the School, the student and/or its guardian cannot raise any grievance. Neither the right of the student nor its guardian is any way infringed or affected.

In course of the submissions of Mr. Arefin learned counsel for the petitioner submits that the money comes from the till of the State Government to run the affairs of the school and for imparting education to the students. Therefore, the guardian of a student has a right to raise this grievance. This Court is not convinced with such submission. The alleged defalcation of fund by the Headmaster shall no way affect the right of a student or its guardian, so long there is no complaint against deficiency in imparting education by the school. It is at the highest a management dispute.

The petitioner has no right to maintain this writ petition.

In view of the foregoing reasons and discussions, this writ petition W.P.A. 20970 of 2025 stands dismissed, without any order as to costs. It is made clear that, this Court has not expressed any opinion on the allegation made in the writ petition.

(Aniruddha Roy, J.)