Calcutta High Court (Appellete Side)
Sumita Parya & Ors vs The State Of West Bengal & Ors on 4 May, 2023
jdt.
04.05.2023
jb.
W.P.A. 10959 of 2023
Sumita Parya & Ors.
vs.
The State of West Bengal & Ors.
Mr. Biswaroop Bhattacharya
Ms. Srija Chakraborty
Golam Mohiuddin
.... For the Petitioners
Mr. S. Majumder
Mr. P. K. Ghosh
Mr. Arkadipta Sengupta
.... For the University
Mr. Rajat Dutta
.... For the State
Mr. Souvik Nandy
.... For the NCTE
This writ petition is liable to be dismissed for the
suppression of material fact. It appears that the
petitioners obtained the orders to register their names
and permit them to sit in the B. Ed. examination from
this Court on April 26, 2023 by filing two writ petitions,
W.P.A. 9791 of 2023 and W.P.A. 10069 of 2023.
In those two writ petitions it was conveniently
suppressed before this Court that in respect of the
relevant college this Court on January 16, 2023 in
W.P.A. 790 of 2023 passed the following order:
" Petitioner no. 1 is a B.Ed. College
recognised by National Council for Teacher
Education (NCTE).
It is not in dispute though the relevant
college has a sanctioned strength of 100
students, in the counseling process, only 55
candidates applied for admission to the said
college and ultimately, 49 candidates
took admission. By filing this writ petition, the
petitioners seek another round of counseling to
be held so that the vacant seats are filled up.
Learned advocate appearing on
behalf of the University opposes the prayer.
It has been submitted by the University that
the first semester of the said academic session
already commenced from October 11, 2022 and
the examination is scheduled to be held on and
from March 14, 2023. There has to be "effective
teaching work of 16 weeks" excluding
admission and semester examination as
per National Council for Teacher
Education Regulations. If the petitioner no. 1 is
permitted to admit any students at this
juncture, the requirement of "effective
teaching work of 16 weeks" cannot be complied
with.
The University has placed reliance on
the judgment reported at (2013)2 SCC 617
Para - 87.4 (Maa Vaishno Devi Mahila
Mahavidyalaya Vs. State of Uttar Pradesh ) to
argue that the college in question
cannot vary the schedule fixed by the
Council or the University for any reason
whatsoever.
The petitioners suggest that they would
arrange for extra classes for the students to
meet the said requirement.
I am not inclined to entertain the prayer
of the petitioners.
The college cannot of its own mould the
curriculum/course structure framed by the
University or the National Council for Teacher
Education to allow the students to appear in
the examination.
Fact remains that the first semester has
substantially progressed. The last date of
admission for the first semester was on 29th
semester, 2022 and the admission procedure
has been completed for all the colleges affiliated
to the University.
At this juncture, permitting the college
to admit the students will violate the time
schedule fixed by the University and the same
will also interfere with the course structure
evolved by the National Council for Teacher
Education for B.Ed. Degree.
I do not see any right of the college to
admit the students by interfering with the time
schedule and the course structure designed by
the University and National Council for Teacher
Education.
Needless to mention that the college will
be at liberty to admit the students for the next
academic session in accordance with law.
Accordingly, WPA 790 of 2023 is
dismissed.
Urgent Photostat certified copy of this
order, if applied for, be supplied to the parties
expeditiously on compliance of usual legal
formalities."
Following the order passed in the aforesaid two
writ petitions, W.P.A. 9791 of 2023 and W.P.A. 10069 of
2023 when the present writ petitioners approached the
University, it rejected the prayer stating inter alia, as
follows:
"Sir,
Kindly refer to the Order Dt. 16/01/23
in Case No. WPA 790 of 2023 wherein it had
been stated that your admitting students on
or after 16/01/23 would disallow the students
to complete the number of college days that
they are to attend as per NCTE norms before a
semester.
You have suppressed this fact, in case
No. WPA 9791 and 10069 of 2023.
Allowing you now would be in contrary
to the Order Dt. 16/01/23 of WPA 790 of
2023."
I do not see any reason to interfere with this order
of the University. There is no doubt that if the order
dated 16th January, 2023 had been disclosed, this
Court would not have passed the orders dated 26th
April, 2023 in WPA 9791 of 2023 and WPA 10069 of
2023.
However, those orders were passed leaving the
scope of the University to verify the credentials of the
students and to admit them only after such verification
After the verification the University had detected the
suppression made by the writ petitioners. Though it has
been submitted by Mr. Biswaroop Bhattacharya,
learned advocate appearing for the petitioners that in
WPA 790 of 2023, the college was the petitioner while in
all subsequent cases the petitioners are the students of
the said college, the collusion between the college and
the students in suppressing the order dated January
16, 2023 is apparent.
No interference is called for with the order
impugned.
The University however, will refund the
registration fees, admission fees and the penalty, if the
same have been received from the petitioners.
WPA 10959 of 2023 is dismissed.
Urgent Photostat certified copy of this order, if
applied for, be supplied to the parties upon compliance
with the requisite formalities.
(Kausik Chanda, J.)
