DISTRICT: SOUTH 24-PARGANAS
IN
THE HIGH COURT AT
CONSTITUTIONAL WRIT
JURISDICTION
APPELLATE SIDE
W. P. No. (W) of 2015
In the Matter of
An application under Article 226 of the Constitution of India
And
In the Matter of
A
writ in the nature of Mandamus and/or in the nature of Certiorari and/or in the
nature of Prohibition and/or any such other appropriate writ/writs,
order/orders and/or Direction/Directions under the Constitution of India
And
In the Matter of
Purported refusal on the part of the respondent
authorities in not allowing the petitioner to fill in the registration form for
appearing in the B. Sc. Physics (Hons.), Part I Examination
And
In the Matter of
Violation of
principles of Natural Justice
And
In the Matter of
Highhandedness
and overt act on the part of the respondent authorities in not considering the
prayer of the petitioner
And
In
the Matter of
Mala fide exercise of
jurisdiction without applying independent mind on the part of the concerned
respondent authorities
And
In the Matter of
And
In the Matter of
Gopanggona Chakraborty, daughter of Sri
Britrabahan Chakraborty of Village and
P. O. Jamna, P. S. Monteswar, District Burdwan, Pin 713 422
…………
Petitioner
Versus
1. State of West
Bengal, service through the Secretary, Department of Higher Education, Bikash
Bhavan, Salt Lake City, Kolkata 700 091, District 24-Parganas (North);
2. The
3. The Vice Chancellor,
4. The
Pro-Vice Chancellor (Academic), University of Calcutta, 87/1,
5. The Registrar,
6. The
Principal, Jogamaya Devi Colege, 92, Shyama Prasad Mukherjee Road, P. S.
Bhowanipore, Kolkata 700 026, District South 24-Parganas.
…………. Respondents
To
The Hon’ble Mrs.
Manjula Chellur, Chief Justice and Her Companion Justices of The said
The humble
petition of the petitioner above-named Most Respectfully
Sheweth: -
1.
That Your petitioner is a citizen of
2.
That Your petitioner states that Your
petitioner is a student of Jogamaya Devi College situated at 92, S. P.
Nukherjee Road, Kolkata 700 026, District 24-Parganas (South).
Photocopies of the Madhyamik Admit Card and Student Identity Card of the
petitioner is annexed herewith and collectively marked as Annexure P1 to the instant writ application.
3.
That the petitioner states that she got
admitted in Physics (Hons.) stream in the above college, which is affiliated to
the
4.
That Your petitioner states that the date of
filling up the form for B. Sc., Part-I Examination was fixed on ………………………… but
due to ignorance she could not fill up the form on the scheduled date, as she
missed the schedule published in the notice board of the college.
5.
That Your petitioner states that she along with
other students sent a letter to the respondent no. 4 on 7th January,
2015 praying for his co-operation as they have missed to fill up the form for
the concerned examination within the scheduled time.
6.
That Your petitioner states that she along with
some other students further sent a representation to the respondent no. 4 on 9th
January, 2015 that they requested the respondent no. 6 canvassing their
problems, the respondent no. 6 (the Principal) told that she would issue a
forwarding letter to the University on 5th January, 2015 to the
University but she failed on her commitment on that day and even refused to
meet the students, though on the basis of her earlier commitment, the students
prepared a forwarding letter.
7.
That on 9th January, 2015, when the
victimised students went to the college to meet the respondent no. 6, she
refused to meet the students and in fact when they went to meet at her office
and showed her the forwarding letter, she curiously failed to give any credence
to the prepared letter on vexatious ground that the same has been signed by the
Vice Principal of the college, though everyone is aware that there is no such
Vice Principal in the college and further ordered the durwan to throw them out of her office.
8.
That Your petitioner states that thereafter she
along with other students went to the University and submitted a representation
to the respondent no. 4 stating the aforementioned facts.
Photocopies of
the representations dated 7th January, 2015 and 9th
January, 2015 sent to the respondent no. 4 are annexed herewith and marked as Annexure P2 to the instant
writ petition.
9.
That Your petitioner states that she is an
excellent student having very high career track record and if she looses one
academic year, she will suffer irreparable loss and injury and will be
seriously prejudiced.
Photocopies of her Madhyamik and Higher Secondary Mark Sheets are annexed
herewith and collectively marked as Annexure
P3 to the instant application.
10.
That Your petitioner states that she met the
respondent authorities on several occasions canvassing her grievances but
failed to get any positive response in spite of waiting for a considerable
period of time.
11.
That Your petitioner states that it is
necessary to fix another date for filling up the form for appearance in the
Part I undergraduate examination, to be held in March, 2015 failing which the
petitioner shall loose one academic year.
12.
That being aggrieved by and dissatisfied with
the inaction on part of the respondent authorities in not giving an opportunity
to fill up the form for B. Sc. Physics (Hons.), Part I Examination to be held
in March, 2015, Your petitioner begs to move this application under Article 226
of the Constitution of India before Your Lordship on the following amongst
other
G R O U N D S
I.
For that the impugned inactions on the part of
respondent authorities are wholly illegal, arbitrary, mala fide and a harassing
one and against the principles of Natural Justice.
II.
For that the college authorities ought to have taken
a step for the welfare of the petitioner.
III.
For that the non-response shown by the
respondent authorities is very cryptic and called for Judicial intervention.
IV.
For that the respondent authorities ought to
have followed the modalities as prescribed by the statute.
V.
For that the respondent authorities ought to
have allowed the petitioner to fill up the form.
VI.
For that the impugned inaction is violative of
Article 16 of the Constitution of India.
VII.
For that the respondents have acted illegally
in exercise of the power conferred by the statute and the petitioner was
subjected to and was a victim of executive fiat.
13.
That Your petitioner submits that there is no
other speedy or efficacious remedy other than taking recourse to the
Constitutional Writ Jurisdiction of Your Lordship and the remedies will be
completed, if the prayers made herein are granted.
14.
That Your petitioner states that she has not
moved any other application in this
15.
That Your petitioner submits that unless,
therefore, This Hon’ble Court would be pleased to allow the prayer made
hereinafter, Your petitioner will suffer irreparable loss and injury, apart
from prejudice.
16.
That Your petitioner states that the records of
the case are lying within the Appellate side Jurisdiction of This Hon’ble
Court.
17.
That Your petitioner states that this writ
petition has been filed by challenging the purported inaction on the part of
the respondents for not allowing the petitioner to fill up the form for B. Sc.
Physics (Hons.) Part I Examination, 2015 to be conducted in March, 2015.
18.
That Your petitioner submits that in the facts
and circumstances of the case, any submission of any further representation or
demand of justice by the writ petitioner would be an empty formality.
19.
That the application is made bona fide and for
the ends of justice.
Under the
aforesaid circumstances, Your petitioner most humbly prays that Your Lordship
may graciously be pleased to issue
a) a
writ in the nature of Mandamus do issue commanding the Respondents and/or their
agents, men and subordinates and/or associates to fix a date for filling up the
form for B. Sc. Physics (Hons.), Part I Examination and allow the petitioner to
fill up the form;
b) a
writ in the nature of Mandamus do issue commanding the Respondents and/or their
agents, men and subordinates and/or associates to allow the petitioner to
appear in the Undergraduate Examination to be held in March, 2015;
c) a
writ in the nature of Certiorari do issue commanding the Respondents to
transmit and certify the entire records relating to this case and on being so
certified set aside the impugned actions, if any, so that conscionable justice
may be administered to the petitioner;
d) Rule
NISI in terms of prayers (a), (b) and (c) above;
e) Ad-interim
order in terms of the prayers above;
f) Make
the RULE absolute after perusal of the records and after hearing the parties
and their Learned Advocate;
g) Costs;
h) Any
other relief/reliefs to Your petitioner;
i)
And to pass such other further appropriate Order/Orders
and/or Direction/Directions as Your Lordship may deem fit and proper.
And
Your petitioner as in duty-bound shall ever pray.
A F F I D A V I T
I, Gopanggona Chakraborty, daughter of
Sri Britrabahan Chakraborty, aged about 19 years, by faith Hindu, by occupation
Student of Village and P. O. Jamna, P.
S. Monteswar, District Burdwan, Pin 713 422, do hereby
solemnly affirm and say as follows: -
1.
That I am the petitioner in the instant writ
application and I am well acquainted with the facts and circumstances of the
case and as such I am competent to affirm this affidavit.
2.
That the Statements made in Paragraphs 1, 3, 4,
5, 6, 7, 10, 11 and 14 are true to my knowledge, those made in Paragraphs 2, 8,
9 and 16 are true on the basis of records and the rest are my humble
submissions before this Hon’ble Court.
Prepared
in my Office Deponent is known to me.
Advocate Clerk to:
Advocate
Solemnly
affirmed before me
this day of February, 2015
C O M M I S S I O N E R
DISTRICT: SOUTH 24-PARGANAS
IN THE
HIGH COURT AT
CONSTITUTIONAL
WRIT JURISDICTION
APPELLATE
SIDE
W. P. No. (W) of 2015
In the matter of
Gopanggona
Chakraborty
………………
Petitioner
Versus
The State of
…………Respondents
An
Application under Article 226 of the Constitution of India
Madhumita
Patra
Advocate,
Bar Association, Room No. 2
(In front of Court Room No.
12)
High
Court, Calcutta
Mobile No. 98306 00896
94324 87915
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