Augustine'S Public School v. Council For The Indian Schoolo Certificate Examinations

IN THE HIGH COURT AT CALCUTTA

(CONSTITUTIONAL WRIT JURISDICTION) APPELLATE SIDE 19.10.2020 Item No.6 (D/L) Ct-23 (AD) (Via Video Conference) WPA 7342 of 2020 With IA No: CAN 1 of 2020 Augustine's Public School & Anr.

vs.

Council for the Indian School Certificate Examinations & Ors.

Mr. Aniruddha Mitra Mr. Anirban Ghosh ... for the petitioners.

Ms. Arunima Lala Mr. Dibyendu Chatterjee Mr. Sanjay Kumar Baid ... for the respondents.

The writ petitioner no.1 is a school, namely, Augustine's Public School.

The writ petitioner no.2 is the Principal, Augustine's Public School.

The subject-matter of challenge in this writ petition is the direction dated July 15, 2020 issued by the Council for the Indian School Certificate Examinations directing a different school to make over the Statements of Marks and Pass Certificates to the students of the writ petitioner no.1.

Ms. Arunima Lala, learned Advocate appearing for the respondent no.3, namely, the Convener, the Indian School Certificate Examinations, submitted that in terms of the impugned notice dated July 15, 2020, the

Statement of Marks and Pass Certificates have already been made over to the concerned students of the petitioner no.1, through another school. Even the said students have already been provided with their respective Migration Certificates.

The above submission made by the respondent no.3 cannot be disputed by the writ petitioners. It appears that the present writ petition has become infructuous. Accordingly, WPA 7342 of 2020 with IA No: CAN 1 of 2020 stand dismissed as infructuous.

It is, however, made clear that this order shall not stand in the way of the petitioners challenging any future action on any of the respondents to make over Statement of Marks and Migration Certificates by ignoring them and through a different school. (Ashis Kumar Chakraborty, J.)