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1999 Supreme(Cal) 467
High Court Of Calcutta
S. B. SINHA, M. H. S. ANSARI
BRAHMO BALIKA SHIKSHALAYA - Appellant
Versus
DEBASISH KAR GUPTA - Respondent
M. A. T. 2490 Of 1999
Decided On : 08/24/1999
ARUNAVA GHOSH, CHAITALI BHATTACHARJEE, D.Sengupta, L.C.BEHANI, M.C.Das, MONOTOSH CHAKRAVARTY, PRASANTA BASU, RUMI BISVAS, S.CHAKRAVARTTY, SOMNATH DEV, SUCHANDRA MUKHERJI
A school cannot conduct an admission test for students seeking admission to Class V if the school is a composite school and there is no shortage of accommodation or students.
Headnote:
EDUCATION - ADMISSION - SECONDARY SECTION - ADMISSION TEST - PRIMARY SECTION - SECONDARY SECTION - COMPOSITE SCHOOL - LEGITIMATE EXPECTATION - PRIMARY FINAL EXAMINATION - ABOLISHED - CIRCULAR - ADMISSION TEST - MANDAMUS - WRIT PETITION - REPRESENTATIVE CAPACITY - ORDER 1, RULE 8 OF THE CODE OF CIVIL PROCEDURE - RIGHT TO EDUCATION - FUNDAMENTAL RIGHT - RIGHT TO OBTAIN EDUCATION UP TO CLASS IV - RIGHT TO MAINTAIN A WRIT APPLICATION - FATHER OF A STUDENT - ADMISSION TEST - NECESSITY - GUIDELINES - DEPARTMENTAL CIRCULAR - FORCE OF LAW - ARTICLE 162 OF THE CONSTITUTION OF INDIA - NOTIFICATION - STATUTORY RULES OR REGULATIONS - ARTICLE 226 OF THE CONSTITUTION OF INDIA - WRIT COURT - INTERFERENCE - POLICY DECISION - EDUCATIONAL INSTITUTION.
Fact of the Case:
The petitioners' daughters, who were students of the Montessori and Primary Sections of the school, obtained 81% and 91% marks, respectively, in the Class IV examination. However, the school decided to conduct an admission test for students seeking admission to Class V, citing the low standard of students and the need to maintain the school's grant-in-aid status. The petitioners challenged this decision, arguing that it was arbitrary and violated their daughters' right to education.
Finding of the Court:
The court held that the school's decision to conduct an admission test was arbitrary and illegal. It found that the school was a composite school, with the Montessori, Primary, and Secondary Sections being managed by the same Managing Committee. The court also noted that the circular issued by the Education Department of the Government of West Bengal, which allowed Headmasters of Secondary Schools to take admission tests if they deemed it fit, was not applicable in the present case as the school was not facing any shortage of accommodation or students.
Issues: 1. Whether the school's decision to conduct an admission test was arbitrary and illegal? 2. Whether the school was a composite school? 3. Whether the circular issued by the Education Department of the Government of West Bengal, which allowed Headmasters of Secondary Schools to take admission tests if they deemed it fit, was applicable in the present case? 4. Whether the petitioners had a right to maintain a writ application on behalf of their daughters? 5. Whether the court could interfere with the school's policy decision to conduct an admission test?
Ratio Decidendi: 1. The court held that the school's decision to conduct an admission test was arbitrary and illegal because it was not based on any objective criteria and was not necessary to maintain the school's grant-in-aid status. 2. The court found that the school was a composite school, with the Montessori, Primary, and Secondary Sections being managed by the same Managing Committee. 3. The court held that the circular issued by the Education Department of the Government of West Bengal, which allowed Headmasters of Secondary Schools to take admission tests if they deemed it fit, was not applicable in the present case as the school was not facing any shortage of accommodation or students. 4. The court held that the petitioners had a right to maintain a writ application on behalf of their daughters because they had a legitimate expectation that their daughters would be admitted to Class V without having to take an admission test. 5. The court held that it could interfere with the school's policy decision to conduct an admission test because the decision was arbitrary and illegal.
Final Decision: The court dismissed the school's appeal and upheld the judgment of the trial court, which had quashed the school's decision to conduct an admission test.
( 1 ) :- This appeal is directed against a judgment and order dated 19-7-99 passed in W. P. No. 24113 (W) of 1998 whereby and whereunder the writ petition of the writ petitioners/respondents questioning a decision taken by the Appellant herein to take examination of thestudents for admission in Class-V by a notice dated 13-8-1998 was allowed.
( 2 ) THE writ petitioners are fathers and natural guardians of their daughters Anewsha Kar Gupta and Rupsa Basu respectively. They were admitted in the school to the primary section and in the examination held for the students for Class IV obtained 81% and 91% marks respectively.
( 3 ) THE school is a Higher Secondary School having Montessori, Primary, Secondary and Higher Secondary Departments with a Ladies' Hostel for the students. The writ petitioners' contention is that all the aforementioned sections are run by the same Managing Committee. The learned trial Judge, keeping in view the facts and circumstances of the case, formulated three following questions :1. Whether the petitioners have made out any case for filing the writ petition or whether writ as prayed for herein can be issued against the school authority or not?2. Whether the aforesaid three sections of the said school are independent and distinct entity or not? 3. Whether the daughters of the petitioners are required to sit for further admission test or not?
( 4 ) THE learned trial Judge answered all the questions in favour of the writ petitioners and against the Appellants herein.
( 5 ) MR. Arunava Ghosh, the learned counsel appearing on behalf of the appellants, inter alia, submitted that the Primary Section and the Secondary Section of the school are governed by two different Managing Committees. It was submitted that whereas Primary Section is governed under the provisions of West Bengal Primary Education Act, 1973, the Secondary Section is governed under the provision of the West Bengal Secondary Education Act, 1963. According to the learned counsel, the standard of the students having been found to be very low and as the school receives grant-in-aid from the State of West Bengal, they cannot afford to admit students who do not have the minimum standard. It has been pointed out that various schools run by the State of West Bengal also take similar admission tests. Mr. Ghosh would urge that such a power to take admission test is provided by reason of a circular letter dated 22/23-8-74 issued by the Education Department of the Government of West Bengal which is to the following terms :"it has been decided by Government that Primary Final Examination shall be abolished with effect from 1974, and that in its place a scholarship examination at the end of Class IV be held in the month of December, 1974 to start within an experimental basis (vide Government Order No. 1076-Edn. (P) dated 8-8-74 ). Further it has been decided that the Head Teachers of Primary Schools will hold annual examination and issue certificate to the pupils on the basis of results of the annual examination. He is requested to inform the Headmasters of Secondary Schools under his control that the certificate as issued by the Head Teachers of primary schools should be honoured without reservation, so that the students may get their admission in Class V without any difficulty. (The Head Masters of Secondary Schools may take admission test if they deem it fit.)"
( 6 ) MR. Ghosh would urge that the learned trial Judge committed an error in arriving at a finding that the school in question cannot hold any admission test. It has been submitted that as the writ petitioners herein did not file the writ application in a representative capacity nor any application had been filed in terms of Order 1, Rule 8 of the Code of Civil Procedure, the writ application should not have been entertained. It had been contended that the petitioners do not have any legal right to get their wards admitted in any school and as such no writ of Mandamus could issue
