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Judgment
Dipankar Datta, J—This writ petition demonstrates official non-application of mind at its best. There are two schools in Nandigram, District-Purba Medinipur, viz. Nandigram Brajamohan Girls'' High School, which is a school exclusively meant for girls students, and Nandigram Brajamohan Tewary Sikshaniketan, which is a boys school. With the increasing aspirations of local girl students for acquiring knowledge and consequent demand for seeking admission, Nandigram Brajamohan Girls'' High School is not in a position to admit all such girl students because of inadequate infrastructure. Its Managing Committee resolved on 20th November, 2013 to convey its ''no objection'' in regard to admission of 100 girl students in Nandigram Brajamohan Tewary Sikshaniketan to cater to the ''demand of the local girl students. Such ''no objection'' was conveyed in writing to the Secretary of the West Bengal Board of Secondary Education (hereafter the ''Board'').
The authorities of Nandigram Brajarmohan Tewary Sikshaniketan thereafter applied for permission to introduce co-educational facilities. An Assistant Inspector of Schools was deputed to conduct an enquiry. He submitted, a positive recommendation dated 30th December, 2014. It was thereafter that the Secretary of the Board vide his memo dated 8th December, 2014 convoyed to the Commissioner of School Education as follows:-
"I am directed to apprise you that the unacceptance of Your recommendation regarding introduction of Co-education in the aforesaid school is very much regretted as within a radius of less than one kilometer there exists a Girls'' School, namely, Nandigram Brajamohan Girls'' High School P.O.-Nandigram, Dt.-East Medinipur, Pin- 721631."
The Secretary of the Board has failed to appreciate that it was Nandigram Brajamohan Girls'' High School, located within a radius of less than a kilometer from Nandigram Brajamohan Tewary Sikshaniketan, which had expressed inability to admit all the willing girl students and reference to its existence for all intents and purposes, is meaningless. It is evident from the report of the Assistant Inspector that apart from Nandigram Brajamohan Girls'' High School, other co-education schools in the locality are situated at a distance of approximately 12 kilometers. The immediate effect of the impugned order of the Secretary of the Board refusing permission to Nandigram Brajamohan Tewary Sikshaniketan to introduce co-educational facilities is that the girl students who cannot be admitted by the authorities of Nandigram Brajamohan Girls'' High School would have to take admission in schools which are situated 12 kilometers away. What a wonderful way of promoting the right of children to free and compulsory education!!!
The order impugned, accordingly, stands set aside.
In view of the fact that the Secretary of the Board proceeded to pass an order mechanically, I find no reason to order a remand. Nandigram Brajamohan Tewary Sikshaniketan shall be entitled to admit a maximum of 100 students with effect from the current session, if there are willing girl students, not yet admitted, who would like to take admission. It shall, however, be ensured that no student of Nandigram Brajamohan Girls'' High School is admitted there on transfer. The Board is directed to pass a formal order in this regard without any delay.
If in future the infrastructure of Nandigram Brajamohan Girls'' High School is improved and it is in a position to accommodate more students, the Board would have the liberty of re-visiting the issue of continuation of co-educational facilities in Nandigram Brajamohan Tewary Sikshaniketan.
The writ petition is allowed, without costs. Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible.