Adamas Parents Forum vs Principal Secretary
2021 Latest Caselaw 1438 Cal

3   12.2.2021


    gd/ssd
                                     WPA(P) 64 of 2021
                                (Through Video Conference)

                               Adamas Parents Forum
                                         Vs.
                         Principal Secretary, Department of
                 School Education, Govt. of West Bengal and Ors.

                   Ms. Shamolima Sarkar and
                   Mr. Somnath Mukherjee, Advocates
                          ..for the Petitioner. Present in Court.

                   Mr. Aniruddha Mitra and
                   Mr. Ayan Chakraborti
                          ..for the Respondent No.4. Present in Court.

Issue raised in the present petition filed by the

parents of the students studying in respondent No.4

School is that their children are not being allowed to

attend the classes and take examination although they

have paid the fee in terms of the direction issued by this

Court in WPA 5890 of 2020 dated October 13, 2020 in

case titled as Vineet Ruia v. Principal Secretary,

Department of School Education, Government of West

Bengal and Others.

The fact that the entire amount of fee or the

charges, as directed by this court in the aforesaid

judgment, have been paid by the petitioners, is disputed

by the learned counsel appearing for the respondent

No.4.

Keeping in view of the fact that the career of

WPA(P) 64 of 2021

students, who are studying in primary and secondary

classes in respondent No.4 School, is the issue and we

have passed through a very difficult phase of Covid-19

Pandemic, it is directed that the respondent No.4

School shall permit all the students to attend the

classes and to sit in the examination, subject to

furnishing of undertaking by the parents of the

students with the school authorities to the effect that in

case any amount, excluding the amount already paid by

them, is found to be paid by them, they will pay the

same.

Adjourned to March 15, 2021.

Let the present petition be listed along with WPA

5890 of 2020 on the next date of hearing before a

Bench as constituted by the Hon'ble The Chief Justice

for hearing WPA 5890 of 2020.

(Rajesh Bindal, J.)

(Aniruddha Roy, J.)

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