Manashi Kasyapi v. State Of West Bengal And ORS.

05/01 In the High Court at Calcutta Constitutional Writ Jurisdiction A-2/24 266312 Appellate Side NANDY WPA 29667 of 2024 (DO) MANASHI KASYAPI Vs.

THE STATE OF WEST BENGAL & ORS.

Mr. Dinesh Pani, Advocate Mr. Sudip Kumar Ghosh, Advocate ......for the Petitioner Mr. Sarbananda Sanyal, Advocate Mr. Saikat Gayen, Advocate ......for the Respondent No. 3

1. In a rather unfortunate circumstance, a child studying in Class-VI had been handed a Transfer Certificate by the School. Though this transfer had been challenged, the same failed. The child has now been admitted to a new School and presently seeks refund a sum of Rs.58,531/- which the petitioner alleges had been paid on account of Session Fees, Annual Fees and on other heads.

2. The monthly tuition fee has been charged only for five months, for which the child had attended the School. The uniform and the books have also been given to the child while he was attending School. The Registration, for which a sum of Rs.5,000/- had been charged, in February 2025, was a one-time payment and cannot be refunded under the present circumstances. The Admission fee, which is also in the same nomenclature, as Sessions Fee of Rs.15,000/- can be partially refunded as the child had attended five months in the entire year.

3. With the consent of the parties, a sum of Rs.12,000/- will be refunded by the respondent no. 3 to the petitioner in full and final settlement of the her claim. There shall be no other payments to be made by the School to the petitioner.

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4. The respondent no. 3 shall also hand over a Transfer Certificate to the petitioner in respect of the petitioner's son, upon the petitioner approaching the School by 09.01.2026.

5. The entire process of refund and handing over of Transfer Certificate has to be completed by 25.01.2026.

6. With the afore-stated directions, WPA 29667 of 2024 is disposed of. No order as to costs.

(Reetobroto Kumar Mitra, J.)