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1999 Supreme(Cal) 372

KALYAN JYOTI SENGUPTA
DEBASISH KAR GUPTA – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
ARUNAVA GHOSH, L.C.BEHANI, Manick Chandra Das, MONOTOSH CHAKRAVARTY, RUMI BISVAS, SOMNATH DEV

KALYAN JYOTI SENGUPTA, J.

( 1 ) BY this writ petition the petitioners herein being two guardians of their two respective wards, viz. , Anewsha Kar Gupta and Rupsa Basu, have challenged the decision of the Managing Committee of the secondary stream of Brahmo Balika Shikshalaya being the respondent No. 4 (hereinafter referred to as the said school) and a notice of the Headmistress dated 13 August, 1998 of the aforesaid stream for holding admission test of the wards of the petitioners.

( 2 ) IT is stated in the writ petition that such decision is wholly mala fide, illegal, arbitrary and unconstitutional inasmuch as the said two girls were admitted once in its Montessori stream of the said school and gradually these two students were successfully promoted to successive classes and by this process they have come out successful in Class IV examination whereby they have become eligible to be admitted to Class V as a matter of course and without any further admission test. The said school is an one and integral body and having three branches, viz. , Montessori, Primary and Secondary. So, these two students shall be admitted without having further test, and as a matter of course and right











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