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2004 Supreme(Cal) 644

BARIN GHOSH, ALOK KUMAR BASU
STATE OF WEST BENGAL – Appellant
Versus
SUKHBINDAR KAUR – Respondent


Advocates Appeared:
R.L.MOITRA, R.N.DAS MOHAPATRA, S.PANDA, SARDAR AMJAD ALI, SUBROTO MUKHERJEE, TAPABRATA CHAKRABORTY

( 1 ) IT does not appear from the records that the writ petitions were contested or supported by the School at the trial stage. The learned Counsel appearing on behalf of the Headmistress of the School submitted that the school had no knowledge of institution of the writ petitions and, accordingly, his client had no occasion to appear at the writ stage. We need not go to investigate whether the School had been served or had not been served.

( 2 ) IN Paragraph 6 of the writ petitions it was the contention of the writ petitioners that Khalsa Community a Punjabi religious minority community, solely with the funds contributed by the members of that religious minority, community established the School for the purpose of promoting their culture and religious tenets and imparting the same to the pupils belonging to their community. It was then added that the institution has been granted recognition and the Managing Committee is enjoying Special Constitution as contemplated in Rule 8 (3) of the Rules for Management of Recognised Non-Govemment institutions (Aided and Unaided) 1969 (hereinafter referred to as the said Rules ). The State Government filed affidavits-in-opposition to the writ





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