Rajib Chakraborty And Ors vs The State Of West Bengal And Ors
2022 Latest Caselaw 3147 Cal

10.06.2022 KC(1-42) W.P.A.(P) 162 of 2021 Rajib Chakraborty and Ors.

-versus-

The State of West Bengal and Ors.

With CAN 1 of 2021 With CAN 2 of 2022 With CAN 3 of 2022 With CPAN 510 of 2022 With CPAN 434 of 2022 With CPAN 465 of 2022 With CPAN 504 of 2022 With CPAN 505 of 2022 With CPAN 232 of 2022 With CPAN 245 of 2022 with CPAN 401 of 2021 With CPAN 402 of 2021 With CPAN 403 of 2021 With CPAN 410 of 2021 With CPAN 411 of 2021 With CPAN 412 of 2021 With CPAN 413 of 2021 With CPAN 414 of 2021 With CPAN 469 of 2021 With CPAN 473 of 2021 With CPAN 562 of 2021 With CPAN 563 of 2021 With CPAN 569 of 2021 With CPAN 574 of 2021

With CPAN 599 of 2020 With CPAN 642 of 2021 With CPAN 645 of 2021 With CPAN 646 of 2021 With CPAN 648 of 2021 With CPAN 685 of 2021 With CPAN 692 of 2021 With CPAN 723 of 2020 With CAN 1 of 2021 With CAN 2 of 2021 With CAN 3 of 2021 With CPAN 746 of 2021 With CPAN 755 of 2020 With WPA 5378 of 2020 Pratyush Patwari

-versus-

State of West Bengal and Anr.

With CAN 2 of 2020 (Old CAN No. 3697 of 2020) With CAN 3 of 2020 (Old CAN No. 3698 of 2020) With WPA 5530 of 2020 Biplab Kr. Chowdhury VS Union of India & Ors.

With CAN 1 of 2020 (Old No:CAN 3252 of 2020) With WPA 5872 of 2020 Santosh Kumar Yadav VS Union of India & Ors With CAN 1 of 2020(Old No:CAN 3956 of 2020) With WPA 5890 of 2020 Vineet Ruia VS

Principal Secretary, Department of School, Bikash Bhavan & Ors.

With CAN 17 of 2020 With CAN 32 of 2020 With CAN 33 of 2021 With CAN 34 of 2022 With CPAN 131 of 2021 With CAN 1 of 2021 With WPA(P) 46 of 2022 Tanweer Ahmed Khan and Ors.

-vs-

State of West Bengal and Ors.

With CPAN 144 of 2022 With CPAN 151 of 2021 With CPAN 155 of 2022 With CPAN 178 of 2021

Mr. Dhilan Sengupta, Ms. Shalini Mukherjee...............For the petitioners in WPA(P) 162 of 2021.

Mr. Vineet Ruia................... Petitioner (in person) W.P.A.5890 of 2020

Mr. Pratyush Patwari................ Petitioner (in person) in W.P.A. 5378 of 2020.

Mr. Sanjib Bandyopadhyay, Mr. Ashok Kumar Singh, Mr. Jabir Ali.............................For the petitioners in WPA(P) 46 of 2022.

Mr. Y.J. Dastoor, Mr. Siddhartha Lahiri.................For Union of India.

Mr. Sayan Sinha........................For the State.

Mr. Samrat Sen, Mr. Nilotpal Chatterjee...............For the State in WPA(P) 46 of 2022.

Mr. U.S. Menon, Mr. Abhirup Chakraborty...........For C.B.S.E. Board.

Mr. S.P. Tewary, Mr. Partha Banerjee, Mr. Abhijit Tewari...........For Disari Public School.

Mr. Abhrajit Mitra, Mr. Kunal Chatterjee Mr. Nikunj Berlia, Mr. Shoumendu Mukherjee, Ms. Anshu Jain..................For the Association of ICSE Schools, West Bengal Chapter.

Ms. Koyeli Bhattacharyya...........For the West Bengal Board of Secondary Education.

Mr. Samapriya Chowdhury, Mr. Deepan Kumar Sarkar, Mr. Dinabandhu Dan, Mr. Santanu chatterjee, Mr. Dipayan Dan.................For Delhi Public School, Ruby Park.

Mr. Sabyasachi Chaudhury, Mr. Rajarshi Dutta, Mr. V.V.V. Sastry, Mr. Tridib Bose, Mr. Debajyoti Saha, Ms. Vidhi Sharma.................For Ballygunge Siksha Sadan, Little Steps School.

Mr. Debdutta Sen, Mr. Siddhartha Chatterjee, Ms. Suchishmita Ghosh Chatterjee, Mr. Ovik Sengupta, Mr. Abir Lal Ghosh................For Ashok Hall Group of Schools.

Mr. Nabankur Pal, Md. Apzal Ansari, Ms. Surabhi Gularia.............. For Delhi Public School, Siliguri.

Ms. Surabhi Gularia, Mr. Arkadipta Sengupta, Mr. Subhajit Das............... For Delhi Public School, Kanyapur, St. Judges School and Burnpur Riverside School.

Mr. Abdur Raquib, Ms. Oindrila Ghosh................. For Delhi Public School, Joka.

Mr. Vipul Kundalia, Mr. Kushagra Shah................ For Delhi Public School, New Town.

Mr. Partha Sarathi Bhattacharya, Mr. Raju Bhattacharya................For the Principal, St. Joseph College.

Ms. Amrita Pandey, Ms. Anamika Pandey, Mr. Ghanashyam Pandey, Ms. Sneha Singh, Ms. Shikha Kumari Kashyap.......For the Assembly of God Church School.

Ms. Kabita Mukherjee, Mr. Manas Dasgupta..........For Agrasain Balika Siksha Sadan and Boys' School. Mr. Satarup Bhattacharya, Mr. Saptarshi Dutta...........For South City International School.

Mr. Ananda Basu, Mr. Emon Bhattacharya, Ms. Pooja Shah........................For St. Hellen School, Howrah.

Mr. Pinaki Dhole...............For Hariyana Vidya Mandir.

Mr. Ayan Chakraborty..........For Adamas International School.

Mr. Tanvi Luhariwala.........For Adamas School Parents' Forum.

Mr. Arnab Chakraborty.......For Well and Gold Smith School.

Mr. Sandip Kumar Dey, Mr. Abhijit Sarkar...............For Calcutta Girls' High School.

Mr. Arindam Banerjee, Mr. Deepan Kumar Sarkar, Mr. Sourav Bhagat, Ms. Shruti Swaika, Ms. Prajata Kishore Chakraborty.....For South Point School, South Point High School, Birla High School and Sri Sikshayatan School.

Mr. Arijit Bardhan, Mr. Soumyajit Mishra............For Don Bosco School, Park Circus.

Ms. Chama Mookerji, Mr. Anujit Mookerji, Ms. Rinky Shaw..............For Calcutta Boys School, Julien Day School.

Mr. Partha Banerjee, Mr. Arun Kumar Mandal.........For Heritage School.

Ms. Ameena Kabir..............For Frank Anthony Public School.

Mr. Arun Alo Roy, Mr. Swagato Roy................For Mahadevi Birla World Academy and Birla Bharati.

Mr. Paritosh Sinha, Mr. Amitava Mitra, Ms. Antara Chowdhury............For La Martiniere and C.N.I. Group of Schools. Mr. Ashoke Kumar Roy, Mr. Ashim Kumar Roy................For Bharitiya Vidya Bhavan, Kolkata.

Ms. Arijita Ghosh, Mr. Souma Sil, Mr. Lordly Guha.......................For New Town School.

Mr. Sanjay Kumar Baid, Ms. Nupur Jalan.......................For Don Bosco, Liluah, Holy Family Convent, P.B. Academy, SreeJain Vidya Mandir, Well and Gould Smith School, Kolkata, Patuli, St. Aloysius Orphanage and Day School, St. Mary's Convent School, Santragachi.

Mr. Raj Mohan Chattoraj, Mr. Sankar Prasad Dalapati, Mr. Sourav Mondal........................For Swabhumi Foundation, G.D. Goenka Public School, Indira Gandhi Memorial High School, Dum Dum and Barasat.

Mr. Meghajit Mukherjee...........For Sri Sri Academy.

Mr. Sandip Kumar De, Mr. Abhijit Sarkar, Mr. Abhik Chitta Kundu..........For Calcutta Girls' High School.

Mr. Santosh Kumar Ray, Ms. Rituparna Sanyal..............For Srihari Global School, Asansol.

Mr. Sarajit Sen, Mr. Tapas Singha Roy..............For Delhi Public School, Asansol.

Mr. Aniruddha Mitra, Mr. Ayan Chakraborty...........For Adamas World School.

Mr. Subir Pal........................ For St. Paul's Academy.

Mr. Ratnanko Banerjee, Mr. Somopriyo Chowdhury,

Mr. Dinabandhu Dan, Mr. Deepan Kumar Sarkar, Mr. Sanatan Chatterjee, Mr. Dipayan Dan..................For the D.P.S. Ruby Park.

Mr. Joydeep Kar, Mr. Billwadal Bhattacharya, Mr. Anish Kumar Mukherjee, Mr. Amrit Sinha....................For the respondent.

Mr. Apurba Kumar Ghosh, Mr. Rudranil Ghosh.......For Rose Bud School.

Dr. Indrahjit Kundu...............For the petitioners in CPAN 562,563, 569, 574, 642, 151 and 178 of 2021.

Mr. Rahul Karmakar, Mr. Asif Sohail Tarafdar, Mr. Debabrata Roy...............For Arun Nursery and Future Foundation.

Mr. Asif Sohail Tarafdar.........For Indus Valley and B.D.

Memorial School.

Mr. Subir Banerjee, Ms. Shreyosi Sengupta, Ms. Mumpy Singha.....................For the applicant in CPAN 685 of 2021.

Mr. Shomendu Mukherjee...........For Indus Valley, BDM International and Apeejay School.

Mr. Varun Kedia.........................For the applicant in CPAN 642 of 2021.

Mr. Nikunj Belia, Mr. Shomendu Mukherjee.....For Lakshmipat Singhania Academy.

Mr. Subir Banerjee, Ms. Mumpy Singha, Ms. Tania Bhowmick.............For the Sudhir Memorial.

Mr. Tilak Kumar Bose, Mr. Udayan Chakraborty...........Joint Special Officers.

Mr. Goutam Dey, Mr. Pratep Bera, Mr. Prateep Bera, Mr. Rahesh Naskar...................For the petitioner in CPAN 574 of 2021 and CPAN 599 of 2020.

We have been shown an order dated 20th May,

2022 of the Supreme Court in Special Leave Petition

(Civil) Diary No. 12815 of 2022 ( La Martiniere For Boys

School and Ors. -vs- Rajib Chakraborty and Ors.). The

highest court has been pleased to stay our judgment

and order dated 6th April, 2022 "to the extent of

appointing the Committee of the Joint Special Officers

so far as the Minority Institutions is concerned." All

other directions were not stayed.

We make it absolutely clear that this order or

further exercise of our jurisdiction shall not extend to

the schools mentioned in the said order of the Supreme

Court.

The Joint Special Officers have filed their report.

It is taken on record.

As such a large body of litigants is involved, the

question arises as to how the report is to be circulated.

Let the report filed in court be sent by the Assistant

Court Officer attached to this court to the learned

Registrar General immediately. The learned Registrar

General shall cause publication of this report in the

website of this high court as soon as possible not later

than three days of its receipt.

Once the report is posted on the website of this

high court any party would have the liberty take an

exception to it in the form of an affidavit to be filed by

30th June, 2022.

One of the Joint Special Officers, Mr. Tilak Kumar

Bose expresses personal difficulty in continuing with

the work assigned to him.

We appreciate such difficulty and discharge him.

We appoint Mr. Amitabha Ghose, Advocate, Bar Library

Club as Joint Special Officer in his place on the same

terms and conditions, including remuneration.

Mr. Bose has been very gracious to forego his

remuneration. But we make it clear that the

remuneration ordered by us is to be paid to the Joint

Special Officers to enable to do their assignment

properly. The administrative expenses incurred by the

Joint Special Officers towards clerk, stenographer etc.,

as determined by them, shall also be borne by the

parties in the same manner as they have been directed

to bear the remuneration of the Joint Special Officers.

Furthermore, it appears from the submissions

made by learned counsel for some of the parties and

some who are appearing in person that the procedure

by which the complaints, whether it relates to charging

of excess fee by the schools or non-payment or deficient

payment of school fees by the students, was not

properly understood by all the stake holders. That is

why very few complaints were received by the Joint

Special Officers. It was also submitted that the method

by which the gist of the contempt applications was to be

brought to the notice of the Joint Special Officers was

also not clear.

Considering all these factors we direct that any

complaint which is to be lodged to the Joint Special

Officers in terms of our orders dated 6th April, 2022

and 19th April, 2022 may be filed peremptorily by the

extended date, 30th June, 2022. The parties would be

at liberty to submit before the Joint Special Officers the

gist of their complaints in the various contempt

applications. The Joint Special Officers shall investigate

into these complaints and express a prima facie view in

that regard.

The Joint Special Officers shall file a

supplementary report in this court by 20th July, 2022.

List all these matters on 22nd July, 2022.

(I.P. MUKERJI, J.)

(MOUSHUMI BHATTACHARYA, J.)