AJIT KUMAR SENGUPTA, J. ( 1 ) THIS application under Article 226 of the Constitution of India has been made by a practising Advocate of this Court and his minor son who has been made petitioner No. 2. The petitioner No. 2 was admitted to Class VI of the Hare School a renowned Government School in Calcutta in the year 1979 and since then he has been a student of the said school. He appeared in the Madhyamik Examination in 1984 from Hare School and passed in the First Division. ( 2 ) THE grievance of the petitioners are that although the petitioner has passed from Hare School in the First Division he has not been taken in Class XI in General Stream Course with Science subjects. He has been shown in the waiting list at serial no. 7 although students from other schools have been given preference and have been shown as selected for admission. This, according to the petitioners, is violative of Article 14 of the Constitution and also contrary to the Government Orders and Notifications. The Notices for admission issued and selection list published have been impugned in this application. Upon the said application an ad-interim order was issued on 12th July 1984 directing the Headmaster of Hare School not to proceed with the admission on the basis of selection list and notice of admission for Class XI in the Science subjects. In this application the petitioners have asked for a direction upon the Headmaster of Hare School for admitting the petitioner in Class XI in General Stream Course with Science subjects in accordance with the Government Notifications. ( 3 ) SINCE the matter is of utmost importance to the students who are seeking admission to Hare School, it was agreed by the learned Standing Counsel appearing for the respondents and the learned Advocate for the petitioners that this matter can be disposed of without any affidavit. The relevant records have been produced before this Court. ( 4 ) THE main contention of the writ petitioners is that Hare School is an integrated Higher Secondary Institution. Therefore, after a student passes Madhyamik Examination from the said School he has a right to be selected for admission to Class XI in preference to students of other institutions. Mr. Basu has drawn my attention to various circulars of the Government. Therefore, after a student passes Madhyamik Examination from the said School he has a right to be selected for admission to Class XI in preference to students of other institutions. Mr. Basu has drawn my attention to various circulars of the Government. It is necessary to set out briefly the contents of some of the circulars which I shall presently refer to Mr. Arun Prakash Chatterjee, the learned Standing Counsel, appearing for the respondents has submitted that the total strength in the Science, Arts and Commerce Streams of Class XI of the School is 95. The relative position is as follows: Selected Waiting List Science Subjects 34 + 8 Schedule Caste 6 + 5 (3 from school & Outsiders 5 + 15 Arts 15 + 20 Commerce 35 + 26 3 from outsiders) 95 + 74 He has submitted that out of 45 in the General Stream Courses with Science subjects, 37 are from Hare School and 8 (of which 3 candidates belongs to Schedule Caste and Schedule Tribe) are selected from amongst the students of other Schools. This practice has been followed in view of the decision taken by the Teachers Council. The petitioner No. 2 is in the waiting list at serial no. 7 and he can only be accommodated if 6 of the students do not take admission in Class XI in Science Stream. He has further submitted that after a student passes Madhyamik Examination, he cannot claim any continuity of studies in the school as of right. ( 5 ) TO appreciate the contention of the writ petitioner it is necessary to set out the provisions of some of the circulars issued by the Government from time to time. The principal question to be decided is whether a student who has passed from Hare School in Madhyamik Examination can claim preference in the matter of admission to students of other institutions. The emphasis is that this is an integrated High Secondary Institution and there is a continuity in the course of studies prosecuted by a student in the said school. Otherwise, a student of the said school even though he eligible may not be able to get admission in the school. ( 6 ) A few of the circulars which have been relied on by the petitioners are required to be referred in this connection. Otherwise, a student of the said school even though he eligible may not be able to get admission in the school. ( 6 ) A few of the circulars which have been relied on by the petitioners are required to be referred in this connection. The West Bengal Council of Higher Secondary Education Act, 1975 came into force on 3rd April, 1975 and the West Bengal Council of Higher Secondary Education set up Higher Secondary Institutions with classes XI and XII to impart Higher Secondary Education in various schools and colleges including that of the Hare School. In setting up such Higher Secondary Units in different schools and colleges the West Bengal Council of Higher Secondary Education while describing its aims and objects had stated that the Council recognised neither an existing school nor a college as such but it has recognised Higher Secondary Institutions to be located at such schools or colleges as identifiable entities to be managed by separate Managing Committees, which can alone buttress the fact that the schools or colleges appearing in the lists (Book on Recognised Institutions) are but the locational identities of the recognised Higher Secondary Institutions. On this basis the Council has recorded the names of Schools or Colleges, as the case may be, with the additional words "higher Secondary School/unit". Here there must not be any confusion about an existing school or a college with a Higher Secondary Institution recognised for the Council located at such schools or colleges. "in times ahead the policy of completely separating the Institutions will be consciously carried out so that the Institutions under the control of the Council do not continue to be tagged to any existing school or a college". (Preface to the Book on Recognised Institutions published by West Bengal Council of Higher Secondary Education) (Emphasis supplied ). ( 7 ) THEREAFTER by Notification dated 14th May, 1976 issued by the Government of West Bengal, Regulation was framed specifying conditions for recognition of an educational institution as Higher Secondary Institution. The said Regulation, inter-alia, stipulates as regards accommodation, subjects to be taught, pupil strength in a section, staff, appointment of the Head of the Institution, qualification of teachers, formation of Managing Committee, Reserve Fund, Conditions of introduction of coeducation etc. The said Regulation, inter-alia, stipulates as regards accommodation, subjects to be taught, pupil strength in a section, staff, appointment of the Head of the Institution, qualification of teachers, formation of Managing Committee, Reserve Fund, Conditions of introduction of coeducation etc. On 1st July, 1976 the West Bengal Council for Higher Education issued another circular, inter-alia, stating that the Higher Secondary Unit should have a managing Committee constituted in accordance with the Rules and orders issued by the State Government. The said circular provides that the institution shall admit to Class XI of Higher Secondary Education those candidates who have qualified in the Madhyamik Pariksha conducted by the West Bengal Board of Secondary Education or such other equivalent examination and fee for admission was prescribed as one month's tuition fee. The said circular also specified other requirements of Higher Secondary Unit, apart from the conditions regarding the formation of the first managing Committee of the Higher Secondary Schools. Thereafter, the Council of Higher Secondary Education by a Circular dated 10th August, 1976 communicated the Government for constitution of the ad-hoc managing committee for the Higher Secondary Council Institution. The West Bengal Council of Higher Secondary Education (Curriculam) Regulations, 1976 came into force on the 1st day of July, 1976 in which it has been provided that a pupil is required to offer - (i) one of the languages referred to in Group 'a' 200 marks (ii) one language referred to in Group 'b' in Schedule I. . . . . 200 marks and (iii) three elective subjects of 200 marks and totaling to 1000 marks. The West Bengal Council of Higher Secondary Education in its Circular dated 2nd July, 1976 on the subject "courses and subjects to be offered by an Institution" - has clarified as follows: -"you have noticed from the Curriculam and syllabuses, volume I and IA, released, in which the Council, has specified the subjects under different schedules without however, classifying the subjects under particular stream/course such as Science, Humanities, Commerce etc. The Council has made a broad classification of the subjects (other than languages) as stated below: - (a) Subjects requiring laboratory practical classes i. e. Physics, Chemistry, Biological Sciences, Agronomy, Geology, Psychology, Geography, Home Management and Nursing, Nutrition, Fine Arts and Crafts, Music; (b) Subjects other than specified in (a) above. The Council has made a broad classification of the subjects (other than languages) as stated below: - (a) Subjects requiring laboratory practical classes i. e. Physics, Chemistry, Biological Sciences, Agronomy, Geology, Psychology, Geography, Home Management and Nursing, Nutrition, Fine Arts and Crafts, Music; (b) Subjects other than specified in (a) above. An institution has got to hear in mind the above classification of subject and has to offer such subjects as may be permitted to it by the Council". ( 8 ) THE Higher Secondary Council also issued a further Circular being No. HSC/gs/3/76 dated 3rd July, 1976 on the subject, "counselling to pupil in the matter of selection of subjects of General Stream Course, in which it has been specifically pointed out inter alia "that the Council has not divided the subjects into any course groupings as we are generally familiar with, like Science, Humanities, Commerce etc. and the freedom of choice of subjects will be with a pupil. Emphasis supplied ). Thus, a pupil can choose any three subjects specified under the Elective Sector, (Schedule II) of the curriculum even if the selection of subjects cross-cuts the usual course - groupings. While retaining this flexibility in the curriculum, some important factors pertaining to selection of subjects have to be reckoned with in order to ensure for the pupil such selection of subjects as may be meaningful for a broad comprehension of a course that is linked with the next stage of education for which he/she might go in later. In fact, a sense of pragmatism has got to be demonstrated in the selection of elective subjects. Pupils' inclination and aptitude, channels of academic career and the current admission principles followed in respect of different courses at the next higher stage, all these are to be taken into account before a subject combination can be advised. It may, however, be made clear that the object of counseling is to guide the pupils in the selection of such subjects that might be effective and helpful for the pupil specially for their going ahead for a meaningful education at the higher stage. The act of counseling should not be construed as imposition of the will of the authority on the pupils". The act of counseling should not be construed as imposition of the will of the authority on the pupils". ( 9 ) ALONG with the said Circular a Table containing indications of the subject or subject-combinations that a pupil may offer at plus two (+2) stage, keeping in view the broad admission requirement into different courses at the degree level (+3 stage), was also annexed. A few examples are set out: - Name of the courses Relevant subject or subject - combination Degree Course in Engineering and Technology 1. Mathematics 2. Physics 3. Chemistry Degree Course in Medicine and Veterinary 1. Chemistry 2. Biological Sciences 3. Physics or Mathematics Honours Course in Economics 1. Mathematics Honours Course in Commerce and Business Studies 1. Accountancy 2. Business Organisation. ( 10 ) THE principle of setting up independent Higher Secondary Institution with classes XI and XII, as separate entity, was seriously reviewed by the Government and after careful consideration, a policy decision was adopted by the Government of West Bengal that classes XI and XII of the Higher Secondary stage whether located in a school or college should form an integral part of the parent institution and that the Managing Committee of the Original School constituted with the approval of the Board of Secondary Education (hereinafter referred to as the Board) should manage the new Higher Secondary stage under the direction of Board. In pursuance of the said decision of the Government the Board issued a Circular being Circular No. S/591 dated 1st October, 1977 directing the Secretaries of the recognized Secondary Schools with higher secondary courses to take over the management of the Higher Secondary Unit (Classes XI and XII) immediately. ( 11 ) AS a corollary to the said decision, the West Bengal Council of Higher Secondary Education issued a Notification dated 13th October, 1977 superseding its earlier Circular dated 10th August, 1976 in which there was a direction for constitution of Ad-hoc managing Committee. This Circular of 13th October, 1977 clarifies that the Higher Secondary Unit of a School or College will be treated as an integral part of the parent institution. This Circular of 13th October, 1977 clarifies that the Higher Secondary Unit of a School or College will be treated as an integral part of the parent institution. ( 12 ) THE Government of West Bengal by another Notification dated 23rd December, 1980 made amendment of Rule 3 of the Management of Recognised Institutions, which read as follows: - "amendment: After Rule 3, add the following note: "note - Higher Secondary classes, namely classes - XI and XII recognized by the West Bengal Council of Higher Secondary Education shall be treated as an integral part of the institution under one and the same Committee and shall be governed by the rules prescribed hereunder. " ( 13 ) SIMILARLY in the academic front, a circular was issued on 5th December, 1979 prescribing the new pattern of teaching and non-teaching staff for the integrated Higher Secondary Schools imparting instructions in Classes V to XII, after such institutions being declared as integral part of the parent institution. The said circular, inter-alia, provided as follows: -"para-2 After careful consideration of the matter, the Governor is now pleased to direct that with effect from 1st January, 1980 and until further orders the number of teaching posts required for such a School may be calculated on the basis of the total work load in Class V to XII. If work-load, justifies, additional teaching posts may be sanctioned for school after taking into account the teaching posts sanctioned or admissible for classes V to X. "para-5 (1) A teacher appointed in an integrated Higher Secondary School may be required to teach in any class from V to XII and there will be no distinction in the matter of maximum teaching load amongst the teachers. Sub-Para (e) (iii) of Para 2 of Government Order No. 61-Edn. (H. S.) dated the 11th May, 1978 stands cancelled". ( 14 ) ON 11th May, 1978 the Government of West Bengal issued a Circular regarding the sanction of whole-time teachers for the Higher Secondary Institution in integrated form. Thereafter by a Circular dated 15th September, 1978, the Government intimated that the staff pattern for the institutions imparting Higher Secondary Courses (Classes XI and XII) has not yet been finalised. ( 14 ) ON 11th May, 1978 the Government of West Bengal issued a Circular regarding the sanction of whole-time teachers for the Higher Secondary Institution in integrated form. Thereafter by a Circular dated 15th September, 1978, the Government intimated that the staff pattern for the institutions imparting Higher Secondary Courses (Classes XI and XII) has not yet been finalised. Pending determination of the staffing pattern, Government have decided, as an interim measure to allow the schools and independent institutions to make adequate arrangement for teaching in these classes by appointing qualified teachers on part-time basis. It has also been laid down there that since the school functions as an integrated institution fees realised from the students of classes XI and XII should be credited to the fund of the school/institution from October, 1978. Then comes the Circular dated 5th December, 1979 which, inter-alia, provides that with effect from 1st January, 1980 and until further orders the number of teaching posts required for such a school may be calculated on the basis of the total work load in Classes V to XII. If work-load justifies, additional teaching posts may be sanctioned for school after taking into account the teaching posts sanctioned or admissible for Classes V to X. It has also been provided therein that a teacher appointed in an integrated Higher Secondary School may be required to teach in any class from V to XII and there will be no distinction in the matter of maximum teaching load amongst the teachers. The Circular dated 29th February, 1980 provided that appointment of additional teachers, as admissible may be made by the respective Managing Committee of the Integrated Higher Secondary Schools as per existing rules. ( 15 ) BY a circular dated 2nd May, 1984, West Bengal Council of Higher Secondary Education has issued guidelines for admission of students to the Plus Two (+2) Courses during the session 1984-85. The said guidelines, inter-alia, provides as follows: - "1 (a) Successful candidates of the Madhyamik Pariksha (Secondary Examination) conducted by the West Bengal Board of Secondary Education or its equivalent may be admitted into Class XI within four months from the date of publication of results on 30th November of the year, whichever is later. If a vacation intervenes within this period of 122 days the dead-line would stand extended to the extent of the loss in days due to the vacation. If a vacation intervenes within this period of 122 days the dead-line would stand extended to the extent of the loss in days due to the vacation. "4. CURRICULUM AND SYLLABUSES (c) The Council has prescribed the eleven groups of Elective Subjects. Candidates can offer three compulsory elective subjects only and for this purpose make choice of one subject only from one group and one optional elective subject at ordinary level from any other group. A few of the said groups are as follows: Group Subjects I Physics, Nutrition, Business Organ, Education. II Bio-Sc. , Botany, Zoology, Psychology, Philosophy III Chemistry, History, Accountancy IV Geology, Pol. Sc. V Fine Arts & Crafts, Anthropology, Economic Geography "8. In consideration of the increasing ruch for admission in plus 2 stage, it has been decided to allow from 1981, the following intakes in each of the H. S. classes. Maximum Minimum (i) for School-275 50 (ii) for College-500 75 "10. Registration of Students: - All students admitted into class XI of a recognised institution should immediately apply in the prescribed form for registration of their names with the council on payment of the requisite Registration Fee through the Head of the same institution. . . . . . . . ""12. Offering Lab-Based subjects: (a) The students securing less than 45% marks and Mathematics at the Madhyamik Pariksha or it equivalent examination will not be allowed to offer Physics, Chemistry and Mathematics. (b) The students securing less than 45% marks in Life Science at the Madhyamik Pariksha or its equivalent examination will not be allowed to offer Bio-Science, Botany, Zoology and Physiology. (c) The Students securing less than 45% marks in Mathematics at the Madhyamik Pariksha or its equivalent examination will be allowed to offer Mathematics with subjects other than mentioned in 12 (a) above another. ( 16 ) PROVIDED that the students securing 45% marks or above each in Physical Science and Life Science but less than 45% marks in Mathematics at the Madhyamik Pariksha or its equivalent examination, may other Biological Science, Physics and Chemistry as compulsory Elective subjects and Mathematics as the 4th Elective subject provided that the combined aggregate score in Physical Science, Life Science and Mathematics is not less than 45%. Besides, a student securing 45% marks or above each in Physical Science and Mathematics but less than 45% marks in Biological Science at their Madhyamik Pariksha or its equivalent examination may offer physics, chemistry and Mathematics as compulsory Elective Subjects and Biological Science as the 4th Elective Subject, provided that the combined aggregate score in Physical Science, Life Science and Mathematics is not less than 45%. ( 17 ) IN the context of the aforesaid circulars and/or Notification issued by the Government of West Bengal and West Bengal Council of Higher Secondary Education the notices issued by the Headmaster, Hare School, the Respondent No. 1 have to be considered. A Notice containing "some important information" was issued by the Headmaster, Hare School. Some important information contained therein are as follows: Courses and medium of Instruction: This school provides education in general stream courses only. The medium instruction is Bengali, but the writing of answers in English in non-language subjects is permitted. Subjects of study: - In addition to Bengali and English a pupil is required to choose three compulsory elective subjects from any one of the following groups of subjects at ordinary level. He may also take another subject from the some group as an optional elective subject. Subjects at Ordinary level :group I : Physics, Chemistry, Mathematics, Biological Sciences/statistics. Group-II : Economics, Mathematics, History, Political Science, Geography, Statisticsgroup-III: Philosophy, Sanskrit, History, Political Sciencegroup-IV: Accountancy, Business Organisation, Business Economics including Business Mathematics, Economic Geography ( 18 ) A student will also have to participate compulsory in work Education of Physical Education activities organized by the School. An application registered for one Group of subjects will not be considered for another group. Admission will be made on the basis of merit subject to an interview by a selection Board whose decision in this respect will be final. There will be two sections, one for science based subjects with a maximum capacity of 40 students and the other for Arts and Commerce based subjects with a maximum capacity of 50 students. The Headmaster of Hare School also issued a notice on 19th June, 1984 to the following effect: -" The boys of our school who have passed in First Division will be considered eligible for admission on the basis of their performance in the Madhyamik Pariksha. The Headmaster of Hare School also issued a notice on 19th June, 1984 to the following effect: -" The boys of our school who have passed in First Division will be considered eligible for admission on the basis of their performance in the Madhyamik Pariksha. They will be admitted in the Science class on the basis of the marks obtained in the language and science subjects. "" Boys from other institutions with 75% marks and above in the aggregate may apply for admission in the Science class. A few seats in the Science class will be kept reserved for candidates coming from other institution. Candidate with second Division marks will be considered eligible for admission into the Arts and Commerce class. " On the basis of the said notice, a list was prepared for 34 students for admission in class XI Science subjects in order of merit taking into account the total marks obtained in language and Science groups. These 34 students are from Hare School. Then there is a list of schedule Caste Candidates from Hare School. Three Schedule caste and Schedule Tribe candidates of Hare School have been selected. Eight have been selected from other schools out of which three from Schedule Caste and Schedule Tribes. There is a Waiting List of 8 students of Hare School and the petitioner No. 2 is shown at serial No. 7. ( 19 ) THE West Bengal Council of Higher Secondary Education Act, 1975 came into effect from April, 1975. A new pattern of education was introduced, the pattern being 10 + 2 + 3. The Higher Secondary institutions are the institutions for plus two (+2) stage of education for General Stream Courses and for Vocational Stream Courses. The council neither recognised an existing school nor a college as such but it recognized Higher Secondary institutions being located at such schools or colleges, as identifiable entities, to be managed to separate Managing Committees. The policy of completely separating the institutions was to be consciously carried out so that the institutions under the Control of the Council do not continue to be tagged to any existing schools or colleges. But the said policy, as it appears from the government notifications and circulars mentioned hereinabove, was not implemented. The policy of completely separating the institutions was to be consciously carried out so that the institutions under the Control of the Council do not continue to be tagged to any existing schools or colleges. But the said policy, as it appears from the government notifications and circulars mentioned hereinabove, was not implemented. In or about October, 1977 the Government decided that classes XI and XII of the Higher Secondary stage, which are located in a school or college should from an integral part of the parent institution and the Managing Committee of the original school constructed with the approval of the Board should manage the new Higher Secondary stage under the direction of the Board. As a consequence thereof the ad-hoc Managing Committees constituted previously for running the Higher Secondary Unit were dissolved and the Managing Committee of the School or the governing Body of the college took over the management of the respective secondary units. The institution was described as integrated Higher Secondary School. The staff pattern was also changed. A teacher appointed in an integrated Higher Secondary School was required to teach in any class from V to XII. With effect from 1st January, 1980 the number of teaching posts required for such an integrated Higher Secondary school imparting instructions in classes V to XII was directed to be calculated on the basis of the total workload in classes V to XII. It is, therefore, manifestly clear that Hare School is an integrated High Secondary School where instructions are imparted in classes V to XII. There are no two institutions. There is only one school imparting instructions in Classes V to XII. I am, therefore, unable to accept the contention of the learned Senior Standing Counsel that as a matter of fact once a student passes the Madhyamik Examination from any institution he severes his connection with that institution and he has to apply for fresh admission in the Higher Secondary Stream. It is evident that there is a continuity in the studies from classes V to XII in an integrated Higher Secondary institution. Therefore, when a student passes the Madhyamik Examination from an integrated Higher Secondary School he will have the right to get admission in class XI subject to the restrictions, if any, imposed by the West Bengal Council of Secondary Education as regards the selection of subjects or number of seats. Therefore, when a student passes the Madhyamik Examination from an integrated Higher Secondary School he will have the right to get admission in class XI subject to the restrictions, if any, imposed by the West Bengal Council of Secondary Education as regards the selection of subjects or number of seats. ( 20 ) IT cannot be disputed that Hare School is an integrated Higher Secondary Institution and the students of Hare School will have preference to others in the matter of admission to Class XI. This will also be borne out from the facts that apart from 8 students in science subjects all others were selected from Hare School. Had it been a case of a separate institution, then there would have been an open competition for admission amongst the eligible students. This is not the case here. The only restriction, as mentioned in the circular dated 22nd May, 1984 issued by the West Bengal Council of Higher Secondary Education is that where a student offers laboratory based subjects be must secure at least 45% marks each in Physical Science and Mathematics in Madhyamik Pariksha or its equivalent examination otherwise he will not be allowed to offer Physics, Chemistry and Mathematics. This restriction is intelligible and reasonable. It may be mentioned that the Higher Secondary Education has been classified in two different courses one General Stream Courses, the other Vocational Stream Courses. It has been made quite clear by the Council that the Curricular and Syllabuses specified the subjects without classifying the subjects under particular stream/courses such as Science, Humanities and Commerce etc. The board classification has been made under the General Stream of the subjects requiring laboratory practical classes, that is, Physics, Chemistry, Biological Sciences, Agromony, Geology, Psychology, Geography, Home management and Housing, Nutrition, Fine Arts and crafts etc. and the non-laboratory based subjects, that is, History, Accountancy etc. ( 21 ) IT will, therefore, be not correct to say that a student when offering a particular subject for Class XI is in the science stream or Arts stream or Commerce stream as commonly understood. It has also been made clear by the Council that the Council has not divided the subject into any course-groupings as are generally understood like Science, Humanities and Commerce and the freedom of choice of subjects will lie with a pupil. It has also been made clear by the Council that the Council has not divided the subject into any course-groupings as are generally understood like Science, Humanities and Commerce and the freedom of choice of subjects will lie with a pupil. Thus a pupil can choose any three subjects specified under the Elective Sector of the curriculum even if the selection of subjects cross-outs the usual course groupings. The Council also made it clear that the institution should guide the pupils in the selection of subjects that might be effective and helpful for the pupils, specially for their going ahead for a meaningful education at the higher stage. Accordingly the Table was prepared by the Council as indicated earlier with the relevant subject or subjects combination to be taken by a pupil for going ahead in degree course in future after the completion of Higher Secondary Education. It has been stressed by the Council that a sense of pragmatism has got to be demonstrated in the selection of elective subjects having regard to the pupils' inclination and aptitude, channels of academic career and the current admission principles. ( 22 ) IN my judgment a student who has been admitted in Class V or thereafter in Hare school and has been continuing his studies in that school and passed the Madhyamik Examination, has a right to be admitted in Hare School in Class XI with subject combination of his choice provided he has secured minimum, marks for the laboratory based subjects are sufficient to accommodate him. He cannot be disqualified for admission to class XI on any other grounds. I am, therefore of the view that the restriction imposed by the Headmaster in his admission notice dated 19th June, 1984 to the erect that boys of Hare School who have passed in the first division would only be considered eligible for admission cannot be sustained. This will deal the rate of those students of Hare School who have not secured the first division marks. They will not get admission in this School nor any other school having regard to the number of successful candidates in the Madhyamik Examination. This will deal the rate of those students of Hare School who have not secured the first division marks. They will not get admission in this School nor any other school having regard to the number of successful candidates in the Madhyamik Examination. The other restriction to the effect that those students who have passed in First Division will only be admitted in the Science Classes on the basis of the marks obtained in language and science subjects can only be sustained if such restriction has been made with a view to accommodate the maximum number of students depending on the facilities provide for teaching the laboratory based subjects requiring laboratory or practical training. Otherwise such restriction cannot also be sustained. The Notification issued by the Headmaster regarding the availability of seats is not in conformity with the said resolution of the Teachers' Counsel dated 22nd June, 1984. It is not clear whether the total roll strength is 45 or 45 plus 5from outsiders because under the Rule on section can have 50 seats. It has not been stated any where why such a course was adopted. The aforesaid resolution is almost a verbatim reproduction of the resolution taken for the academic year 1983-84. It is no where stated that in considering the existing laboratory accommodation roll strength cannot be increased. It is not said even if the eligible students of Hare School are available why suitable candidates from outside would be considered. In my judgment fixation of the roll strength is purely arbitrary, so also the decision to keep reserved a few seats for students from outside courses. Neither any reason for conclusion of students of Hare School nor any reason for taking any students from outside courses has been indicated in the resolution. This appears to be a merely a Rule or thumb without taking the realities of the situation into consideration. Although the said resolution decided to take 5 outsiders, selection was made of light. This is also not in conformity with the said resolution. In my judgment the students of Hare School who have secured the marks specified by the school for admission in Science classes or with science subject must first be considered for admission to class XI. After taking them, if there are vacancies the only students from outside sources can be considered for admission. In my judgment the students of Hare School who have secured the marks specified by the school for admission in Science classes or with science subject must first be considered for admission to class XI. After taking them, if there are vacancies the only students from outside sources can be considered for admission. In that view of the mater, the 8 students of Hare School including the petitioner who are on the waiting list should be taken in and the students selected from outside sources cannot be considered for admission in preference to them. Nor can any seat be reserved for outsiders. ( 23 ) IN the circular dated 22nd May, 1984 the council has pointed out that in consideration of increasing rush for admission in plus 2 stage it has been decided to allow from 1981 the overall intake in each of the Higher Secondary classes to a maximum of 276 for any Higher Secondary School. The total intake in Hare School is only 95 as appearing from the selection list. Having regard to the increasing rush for admission because of the increase in number of successful candidates in Madhyamik Examination, Hare School should have increased the intake at least to accommodate all the students of Hare School who have passed the Madhyamik Examination from Hare Schoolitself subject to the limitation as indicated earlier. However, it is necessary to mention one other fact. On 9th July, 1984 a meeting of the Staff Council was convened to consider the feasibility of opening of an additional section in Science subjects in Class XI. The said meeting resolved that teaching and non-teaching staff as well as the staff attached to the Science Laboratories of the School are agreed to co-operate in the implementation of the decision of the Hon'ble Education Minister and the Education Department for opening an additional Section in Science subjects in class XI. It has also been resolved in the said meeting that the Government authorities should take appropriate steps for sanction of additional staff for implementation of the said decision within the specified time. It has also been resolved that the School authorities are fully conscious of the aforesaid fact and they have taken steps for implementation of the said proposal as expeditiously as possible. From the tenor of the said resolution it appears that the additional section in Science Classes would be opened during this session. It has also been resolved that the School authorities are fully conscious of the aforesaid fact and they have taken steps for implementation of the said proposal as expeditiously as possible. From the tenor of the said resolution it appears that the additional section in Science Classes would be opened during this session. If that be the position there will be no difficulty for the school authorities to accommodate not only those who have been selected from amongst the students of Hare School but also from outside sources including those who are shown in the waiting list from outside sources. ( 24 ) HAVING regard to the facts and circumstances of this case I am of the view that the petitioner and 7 others of Hare School who have been shown in the Waiting List for admission in the Class XI with Science subjects must be admitted first. It is desirable that having regard to the rush of students for admission to class XI and as suggested by the West Bengal Council of Higher Secondary Education, the School authorities as well as the Government shall implement the decision for an additional section for science subjects in class XI this year. The roll strength must be increased having regard to the increasing number of successful candidates in Madhyamik Examination. The rush today is for admission in Science subjects. This is with a view to getting admission in degree course in Engineering or Medical Science or technology or in any pure science subject. A very few go for Arts and Commerce. The school authorities rightly resolved to implement the decision of the Government to open a new section for science subjects. Let the resolution be implemented immediately and it is hoped and desired that the Government shall render all necessary facilities to the school authorities so that not only the students of Hare School but the students from other school with fairly high marks may be taken in. ( 25 ) THIS application, therefore, succeeds. The respondents are directed to admit the petitioner No. 2 in the class XI with Science subjects and to further act according to the directions contained in this judgment. Let a plain copy of the judgment, counter-signed by an officer of this court be handed over to the learned Advocate appearing for the parties. (Later) July 23, 1984 Mr. Dipak Kumar Banerjee ? for the respondents. Let a plain copy of the judgment, counter-signed by an officer of this court be handed over to the learned Advocate appearing for the parties. (Later) July 23, 1984 Mr. Dipak Kumar Banerjee ? for the respondents. ( 26 ) MR. Dipak Kumar Banerjee, learned advocate appearing for the respondents, asked for stay of this order. Since the matter involves the admission of the students, I do not consider it a fit case where stay should be granted. Prayer for stay is thus refused. The respondents are directed to give admission forthwith to the students in terms of the direction contained in the judgment. ( 27 ) IT has been stated before me that two students from outside source have already been admitted. The Headmaster of the School is directed to allow the two students to continue in this School, having regard to the fact that a section can accommodate 50 students and in this case only 45 students are to be admitted apart from the two students already admitted. ( 28 ) FROM the selection list, it is evident and which is not disputed that only 3 scheduled caste and scheduled tribe candidates are available from Hare School for admission in Class XI and there are no other scheduled castes or scheduled tribes candidates for admission. Thus there is no question of keeping any seat reserved for scheduled castes and scheduled tribes candidates from outside sources. In that view of the matter, there will be no difficulty to accommodate 8 students from the general category who are shown in the waiting list. The State Government is directed to see that decision for opening a new section in science subjects is implemented without any delay.