K.J. Sengupta, J.

1. The Hon'ble Chief Justice has constituted this Bench in view of the difference of opinion having been recorded by the Division Bench presided over by the Hon'ble Justice Ashim Kumar Banerjee and the Hon'ble Justice Tapas Kumar Giri in judgment dated 4th April, 2008 in F. M. A. 718 of 2007 (hereinafter referred to as the second judgment), while noting judgment dated 21st February, 2008 of another Division Bench rendered in F.M.A. 27 of 2007 (hereinafter the "first judgment") on the same subject.

2. The West Bengal Council of Higher Secondary Education (hereinafter Council) preferred appeal against the order of the learned Single Judge who has passed an order for appropriation of only half the amount of deposit made at the time of admission of the writ petition. In the connected writ petition the learned trial Judge directed refund of 50% of the amount to the writ Petitioner/Respondent and permitted the Appellant to appropriate the balance. Their Lordships while rendering the second judgment could not agree to the views expressed by Their Lordships in the first judgment that the candidate should not be asked to make pre-trial deposit more than Rs. 500/- per