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1999 Supreme(Cal) 497

S.B.SINHA, MAHEMMAD HABEEB SHAMS ANSARI
STATE OF WEST BENGAL – Appellant
Versus
ABDUL KUDDUS – Respondent


Advocates Appeared:
ASHRAFULHUQ, D.K.Samanta, JAKIR HOSSAIN, Jayanta Biswas, SANAT DUTTA

S. B. SINHA, J.

( 1 ) THIS appeal is directed against a judgement and order dated 7. 11. 97 passed by a learned single Judge of this Court whereby and whereunder the writ petition filed by the writ petitioners claiming, inter alia, the following reliefs:"a) For a writ of or in the nature of Mandamus commanding the respondents, their subordinates or agents to cancel, reject, withdraw or rescind from the impugned order dated 15. 12. 94 passed by the Assistant Secretary to the Government of West Bengal, Annexure 'h' to the writ application rejecting the proposal for recognition of the proposed Kumarganj Junior High School, Kumarganj, Malda, and to give recognition to the said Junior High School without any delay. b) For a writ of or in the nature of Mandamus directing the Secretary, West Bengal Board of Secondary Education to accord recognition to Kumarganj Junior High School from V to VIII Class out of 16 quotas of Malda District, at an early date, was allowed. "

( 2 ) THE basic fact of the matter is not in dispute.

( 3 ) A school by the name of Kumarganj Junior High School was established at Village -Kumarganj in the District of Malda as far back in the year 1984. Since then, the a











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