04.07.2025 Item No.03.

Court No.06.

S. De C.O. 3960 of 2024 Somenath Sarkar.

Vs Kuhumita Sarkar (Brahma) .

Mr. Dipanjan Datta, Mr. Atanu Basu, …for the petitioner.

Mr. Ujjal Ray, Sk. Abdur Rahim, Ms. Atreya Chakraborty, Ms. Manishikha Mondal, …for the opposite party.

This application under Article 227 of the Constitution of India is at the instance of the father of a minor son and is directed against an order being No.23 dated September 23, 2024, passed by the learned Additional District Judge, 4th Court, Berhampore, Murshidabad in Guardianship Case No.

61, 2022.

By the order impugned, the application filed by the petitioner’s father praying for permission to admit the minor child to an International English Medium School stood rejected.

The learned Trial Judge was of the view that shifting of the child from one school to another will not be the right approach.

In course of hearing of this civil revision application, parties suggested the names of different schools which, according to the respective parties, are better than the present school where the minor son is studying. It is the duty of the parties to see that their child gets the best education.

Considering the issue involved in this civil revision application, this Court requested Mr. Supriyo Chattopadhyay, learned Additional Government Pleader who usually represents the School Education Department of the Government of West Bengal to assist this Court as to which of the schools suggested by the respective parties can be said to be a better school so far as the education of the minor son is concerned.

This Court appreciates the prompt steps taken by Mr. Chattopadhyay in course of this day by contacting the concerned authorities of the school education department and apprising this Court as to which of the schools, recognized by the West Bengal Board of Secondary Education, as suggested by the parties will be in the best interest of the child.

Mr. Chattopadhyay, learned Additional Government Pleader submits that he has taken specific instructions with regard to the schools suggested by the respective parties and he submits that Sargachi Ramkrishna Mission School which is recognized under the West Bengal Board of Secondary Education is a better school than the school in which the minor son is presently studying. Mr.

Chattopadyaya further submits that the schools suggested by the mother namely Jiaganj Raja Bijoy Singh Vidya Mandir is also a better school than the school which the minor son of the parties is presently studying.

The father insists upon admission of the son to an English medium school.

However, considering the future of the minor child, the mother of the child has now agreed that the child may be admitted to an English Medium School but submits that she does not have the capacity to bear the tuition fees as well as other expenses of an English Medium School.

At this stage, Mr. Dutta, learned advocate appearing for the petitioner, upon instructions from his client who is personally present in Court today, submits that the petitioner undertakes to take all steps for getting the child admitted to an English Medium Schools and shall also bear the tuition fees as well as other expenses of the child and shall make arrangement of a private conveyance for the use of the child for attending the school where he will be admitted pursuant to this order from his residence and return.

After hearing the learned advocates for the respective parties and considering the names of the English medium schools suggested by the respective parties, this Court feels that Azimganj Don Bosco High School, a reputed English Medium School which is recognized under the Council for the Indian School Certificate Examination (CISCE) and is nearer to the residence of the mother/opposite party as suggested by the mother should be preferred than the Don Bosco School suggested by the father/petitioner as the same is situated at a place far off place from the residence of the child.

For the reasons as aforesaid, t