16th Jan., 2026 In the High Court at Calcutta Item no.D/L 01 Court No. 18 Constitutional Writ Jurisdiction Pradip, A.R.(Ct.)

Appellate Side Case No. WPA 622 of 2026 In the matter of :

Safiya Hasan represented by her father Sk. Tabrikul Islam …. Petitioner VS.

The State of West Bengal & Ors.

….Respondents For the Petitioner:

Mr. Suman Dey Mr. Amit Halder ….Advocates For the State:

Mr. Syed Nasirul Hossain ….Advocate For the WBBSE:

Ms. Koyeli Bhattacharyya Mr. Bibek Dutta Mr. Manas Bhattacharyya ….Advocate

1. Affidavit of service filed in Court today is taken on record.

2. The petitioner is a minor represented by her father. She seeks leave to appear in the madhyamik examination for the year 2026.

3. She has not registered herself in any recognized school for class-

‘IX’. The school approached this Court earlier by filing a writ petition being WPA 15261 of 2026 which was considered by the Court on 14^th August, 2025.

4. Paragraph no. 2 of the order dated 14^th August, 2025 records that:-

“Authority of Nandakumar Jeevanrao STPN High School, Purba Medinipur (hereinafter referred to as „said school‟) has come up with this writ petition for one student, who is presently studying in class X of the said school seeking permission to take admission in another neighbouring school in class X for participating in Madhyamik Pariksha (Final Examination) 2026.”

5. The Court observed that if students are studying in class IX or class X of the said school, those students are required to take admission in a recognized high school, in accordance with law. The school was restrained from running classes IX & X till it is upgraded from the four class Junior High School to High School.

6. The petitioner claims to have been promoted to class X and she intends to take the madhyamik examination in the current year. As she has not been registered with the Board, accordingly, the Board is not permitting her to appear in the examination.

7. Submission of the Board is that if the petitioner gets herself admitted to a recognized school or she is able to obtain registration through a recognized school in class IX, then only she will be permitted to appear in the madhyamik examination.

8. Learned advocate representing the Board further submits that the candidate cannot appear in the madhyamik examination even as an external candidate. For that purpose also she is required to take registration in the class IX level. At such belated stage, the Board cannot permit the candidate without a registration to appear in the

9. Learned advocate for the petitioner presses the Court to take a humanitarian approach of the issue and seeks a direction upon the Board to permit the petitioner to appear in the madhyamik

10. Upon hearing the submissions made on behalf of the parties and on perusal of the documents annexed to the writ petition and particularly the order dated 14^th August, 2025 passed in WPA 15261 of 2025, the Court is unable to accept the prayer made on behalf of the petitioner. The Board has expressed all helplessness in the matter. The learned advocate for the petitioner has also not been able to produce any supporting law permitting a candidate to appear in the madhyamik examination without registration at the class IX level. The Court does not have any extraordinary power to provide relief to a litigant devoid of or contrary to the provision of law. Moreover, the prayer of the school authority seeking relief for the petitioner also stood rejected by the Court.

11. In view of the above, no relief can be granted to the petitioner in the instant writ petition. The writ petition fails and is hereby dismissed.

12. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)