Friday, June 11, 2021

Constitution Writ application

 

DISTRICT: SOUTH 24-PARGANAS

 

IN THE HIGH COURT AT CALCUTTA

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

Calcutta University Act, 1979

 

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 University of Calcutta, Senate House, Kolkata 700 073;

 

3. The Vice Chancellor, University of Calcutta, Senate House, 87/1, College Street, Kolkata 700 073;

 

4.      The Pro-Vice Chancellor (Academic), University of Calcutta, 87/1, College Street, Kolkata 700 073;

 

5.      The Registrar, University of Calcutta, Senate House, 87/1, College Street, Kolkata 700 073;

 

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 Hon’ble Court

 

The humble petition of the petitioner above-named Most Respectfully

 

Sheweth: -

 

1.                  That Your petitioner is a citizen of India and is permanently residing at the address mentioned in the Cause Title.

 

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 Calcutta University, for the 2014-15 Session, bearing Roll No. PHSA 33.

 

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 Hon’ble Court or any other Forum on the self same cause of action.

 

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 CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

 

W. P. No.                   (W) of 2015

 

In the matter of

Gopanggona Chakraborty

                                     ……………… Petitioner

Versus

The State of West Bengal & Others

                                                   …………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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