Santi Biswas & Others vs State Of West Bengal & Ors

This is an application filed by 54 guardians of students in Darivit High School primarily against the Sub-Divisional Officer, Islampur, Uttar Dinajpur, who is the Administrator of the said school.

Mr. Bhattacharya, learned Counsel appearing on behalf of the writ petitioners submits that there had been an incident in the school premises on September 20, 2018 wherein two former students of the school had sustained bullet injuries within the school premises and died. Subsequently, there has been mayhem caused by certain miscreants in an around the school who have prevented the students as well as the teachers from attending the school. In fact, it seems that the school was suspended for a period of 50 days and only reopened on November 10, 2018. He further submits that the school was once again put under lock and key on December 6, 2018 and is to reopen from 3rd January, 2019 for the start of the new session including admission and readmission of the students.

Mr. Biswaroop Bhattacharya, learned Counsel appearing on behalf of the teachers reiterates the same point and submits that the authorities should take stern action against the miscreants and protection should be given to the school.

Mr. Kishore Dutta, learned Advocate General appearing on behalf of the State, submits that the State shall take all steps to ensure that the prevailing problem in an around the school is put to an end immediately. He has further suggested that the troublemakers may be kept at bay by placing police picket outside the school premises.

In view of the above submissions made by the learned Counsel appearing for the parties, I direct the Sub-Divisional Officer, Islampur, Uttar Dinajpur, being the Administrator of the school to ensure that the school functions normally and to take the assistance of the police and the District Magistrate, if required, in ensuring that the peace and tranquility in an around the school is not disturbed in any manner whatsoever.

The Superintendent of Police, Uttar Dinajpur, is directed to place a police picket out side the school premises in a manner that the same helps in bringing the normalcy back in the school and also to ensure that the same does not cause any inconvenience to the teachers and the students.

The Administrator is also directed to ensure that all the posters put by the miscreants are removed immediately, preferably by January 4, 2019.

Let a plain copy of this order be served immediately on the respondent nos. 4, 5, 6 and 9 and on receipt of the same, the concerned authorities are directed to act in accordance with the same forthwith.

Since no affidavits have been invited, the allegations contained in the writ petition are deemed not to be admitted.

The writ petition being W.P. 10(W) of 2019 is disposed of.

Let a plain copy of this order, duly countersigned by the Assistant Registrar(Court), be given to the learned advocates for the parties on usual undertakings.

Urgent certified website copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.