JUDGMENT M.N. Roy, A.C.J. 1. This appeal arises out if a judgment and order dated 1st April 1987, passed in C.O. No. 3125 (W) of 1987, by learned Single, Judge of this Court. 2. The respondent no. 1 in this appeal moved a writ petition dated 30th March, 1987 on 1st April, 1987 and after hearing the learned Advocates appearing before him, the said learned Judge by the order as impeached, on consideration of the unfortunate circumstances in the which the writ petitioner respondent no.1, after passing the Madhyamik Examination in March, 1985, was placed for no fault of his in the matter of having his admission to the Hooghly Collegiate School, Chinsurah, allowed the application as filed und consequently allowed the writ petitioner to sit at the ensuing Higher Secondary Examination, which was to be commenced on and from 7th April, 1987 and thus directed all the concerned authorities respondents before him to take appropriate steps, so that the writ petitioner could sit at the said examination apart from directing that the Registration and Admission Card for the writ petitioner should be Issued forthwith by the West Bengal Council of Higher Secondary Education thereinafter referred to as the said Council) 3. The writ petition was moved stating that the writ petitioner who it respondent no.1 in this appeal, passed the Madhyamik Examination in March, 1985, as held under the suspicious of the West Bengal Board of Secondary Education (hereinafter referred to as the said Board). He has claimed to have been placed in Second Division, securing 44% marks in Physical Science, 33% marks in Life Science and 78% marks to Mathematics and claimed to have secured 184 marks i.e. about 62% marks in Science group. 4. It was his case, that he applied for admission to the said Hooghly Collegiate School, for studying Higher Secondary in Science group and was selected for admission to the same on consideration of his merit and since he belonged to the Schedule Caste community. 4. It was his case, that he applied for admission to the said Hooghly Collegiate School, for studying Higher Secondary in Science group and was selected for admission to the same on consideration of his merit and since he belonged to the Schedule Caste community. There is no doubt or any dispute that the student concerned was admitted to Class XI in the Science stream of the concerned school on 13th July, 1985 and there is also no doubt that such admission was taken by him on payment of all due and fees including the fees required for the said Council, for registration of his name and It cannot, also be doubted that thereafter and that too on getting the necessary admission, he prosecuted his studies to Science in the concerned school and sat for the periodical examination as held by the school in question, In Science stream. 5. It would appear from the statement as made in the writ petition that the school authorities only sent up the name of the writ petitioner for sitting or appearing at the ensuing Higher Secondary Examination in Science and that too, also after collecting the necessary examination fees and so also the fee. required to be paid on account of the centre. 6. It has been alleged that meanwhile, the said Council had Informed the authorities of the school in question, that the writ petitioner along with others were allowed Laboratory based subjects, contrary to Rule 12 of the relevant circular on the point laying down the guidelines for admission of students In Plus Two (+ 2) Courses during the session 1985-86. From the submissions as made before us, It appeared that such circulars are issued by the said Council for year to year and the circular which was produced before us (hereinafter referred to as the said Circular), was dated 27th June, 1985 and there was no dispute that the same was in the line or in pari materia with the subsequent circular dated 29th May, 1986, to which reference has been made in the writ petition. On a reference to the said circular, it would appear that under clause 4(c) of the same the Council has prescribed the eleven groups is mentioned hereunder, of Elective Subjects, which can be offered to the Intending candidates the said clause 4(c) is to the following effect : The Council has prescribed the following 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 from any other group Group Subject I. Physics, Nutrition, Bio Organ, Education II. Bio-Sci, Botany, Zoology, Physiology, Philosophy III Chemistry, History, Accountancy IV Geology, Pol. Sci. V Geography. VI Agronomy, Geography. Pub Administration VII Economic, Psychology VIII Home Management & Home Nursing, Sociology IX Statistics, Classical Languages, Modern Foreign Languages. X Mathematics XI Music, Business Economics including Business Mathematic. 7. Rule 12 of the said Instructions postulates the offering of Lab Based Subjects which is quoted as under :- (a) The students securing less than 45% marks each in Physical Science and Mathematics at the Madhyamik Pariksha or its 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 subject other than those mentioned in 12(a) above. 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-offer Biological Science, Physics and Chemistry as compulsory Elective Subjects and Mathematics as the 4th Elective subject provided that the combined aggregate secure 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 Subject and Biological Science as the 4th Elective subject, provided that the combined aggregate secure in Physical Science, Life Science and Mathematics is not less than 45%. 7. 7. It would appear from the further statements as made in the writ petition and so also the documents as produced therewith that the Headmaster of the concerned school, by his letter dated 7th February, 1987, requested the authorities of the said Council to issue Registration certificate in respect of the writ petitioner, since he was of the view, that the writ petitioner was not responsible in any way in the matter of getting his admission to the Science stream and such admission. if at all, was given to him by the school concerned, as they had no knowledge or any intimation of the said Instructions. In fact, from a reference to the letter in question, It would appear that the Headmaster of the concerned school duly intimated the President of the West Bengal Council of Higher Secondary Education that circular in question to the effect that a candidate who has secured less than 45% marks in Physical Science will not be allowed subjects based on Pure Science, did not reach his school. There is also no doubt that the writ petitioner was given admission with the Elective subject in the Science stream, for which according to the said Council or in terms of the rule as quoted hereinbefore, he did not secure the necessary marks. There is no doubt further that the letter of the Headmaster as mentioned hereinbefore, was not appropriately replied to by the authorities of the said Council, at least no evidence contrary to the above, was produced before us. The fact that the school authorities had no intimation, knowledge or Information about the rules regarding admission to Science based subject as indicated hereinbefore, would also appear from another letter dated 9th March, 1987, as issued by the Headmaster of the concerned school. 9. The writ petitioner has alleged and to which we also agree that he had no hands no the matter of allowing him Laboratory based subjects contrary to the said circular and It cannot also be doubted that he had applied for his admission to Higher Secondary studies as involved in this case, on due submission of his mark-sheet of the Madhyamik Examination and the authorities of the concerned school allowed him the Laboratory based subjects and realised regularly all fess meant for them and also those required for the said Council. 10. 10. In the circumstances as mentioned hereinbefore, it was claimed and contended by the Writ petitioner that since he had no hand in the matter and he duly prosecuted his studies in the Science based subjects and/or stream, on payment of all dues and necessary charges, not only meant for the school in question but also for the said Council, so he must not be made to suffer and in his writ petition, he thus asked for appropriate orders, allowing him to sit for the examination and also consequential and necessary orders. 11. We have indicated earlier the order as was made by the learned Trial Judge Before dealing with the submissions as made in this appeal, we must also keep it on record and which fact was also is an admitted one, that pursuant to an order made in the appeal by the Division Bench presided over by Chittatosh Mookerjre, C J (as His Lordship then was), the writ petitioner respondent had appeared in the Higher Secondary Examination and we are Informed by the learned Advocate appearing before us, that he has been successful in the said examination. 12. Section 3 of the West Bengal Higher Secondary Education Act, 1975, speaks of the establishment and incorporation of the West Bengal Council of Higher Secondary Education and under s.2(a) "Council" means the West Bengal Council of Higher Secondary Education, as established under the, said to s 3. As indicated earlier we shall be using the word the said "Council" for West Bengal Council of Higher Secondary Education. We must also refer s.21 of the Higher Secondary Education Act, 1975, which deals with the powers and functions of the said Council and the President and which is to the following effect :- 21. Functions of the Council : It shall be the duty of the Council to advise the State Government on all matters relating to Higher Secondary Education referred to it by the State Government. (2) Subject to any general or special order of the State Government, the provisions of this Act and any rule made thereunder, the Council shall have generally the power to direct supervise and control Higher Secondary Education and in particular, the power. (a) to grant or refuse recognition to Institutions and to withdraw such recognition, if it thinks fit, after considering the recommendations of the Recognition Committee. (a) to grant or refuse recognition to Institutions and to withdraw such recognition, if it thinks fit, after considering the recommendations of the Recognition Committee. if any, in accordance with such regulations as may be made in this behalf: (b) to maintain a register of recognised Institutions ; (c) to provide for Inspection of recognised Institutions; (d) to provide by regulations, after considering the recommendation of the Syllabus Committee, if any, the curriculum, the syllabus, the courses of studies to be followed and the books to be studied in recognised Institutions and for examinations instituted by the Council. (e) to undertake, if necessary with the approval of the State Government, the preparation, publication or sale of text books and other books for use in recognised Institution ; (f) to maintain and publish, from time to time, list of books approved for use In recognised Institutions and for examinations instituted by the Council and to remove the name of any such book from any such list; (g) to institute Higher Secondary Examinations for the purposes or this Act and such other examinations as It may think fit and to make regulations in this behalf ; (h) to make regulations regarding the conditions to be fulfilled by candidates presenting themselves for examination Instituted by the Council (i) to publish results of the examinations instituted by the Council and to award diploma, certificates, prizes and scholarships in respect thereof: (j) to provide by regulations after considering the recommendations of the Examinations Committee, if any, the rates of remuneration to be paid to paper setters, Moderates. Tabulators, Examiners, Invigilators, Supervisors and others employed in connection with examinations instituted by the Council and the fees to be paid by Candidates for such examination: (k) to grant permission to candidates to appear at examinations instituted by the Council and to refuse or withdraw such permission If it thinks fit in accordance with such regulations as may be made in this behalf ; (l) to administer the West Bengal Council of Higher Secondary Education Fund; (m) to prove by regulations the procedure for filing and disposal of appeals by members of the teaching and non-teaching staff against decisions of the Managing Committee of recognised Institutions; (n) to Institute and administer such Provident Funds as may be Prescribed ; (o) to make regulations relating to the conduct, discipline and appeal In respect of the officers and employees of the Council; (p) to perform such other functions as may be assigned to it by the State Government. (3) Subject to the provisions of sub s.(2) the Council shall have the power to make regulations In respect of any matter for the proper exercise of Its powers under this Act (4) No regulation shall be valid unless it is approved by the Government and the State Government may, in according, such approval, make such additions, alterations or modifications therein as it thinks fit, Provided that before making any such addition, alteration or modification, the State Government shall give the Council an opportunity to express its views thereon within such period not exceeding one month as may be specified by the Stale Government (5) All regulations approved by the State Government shall be published in the Official Gazette, Since copious reference was made to the several sub-clauses under the said section by the learned Advocates appearing before us. 12A. Mr. Chatterjee appearing to support of the appeal, after specifying the relevant facts submitted that after passing his Madhyamik Examination, the writ petitioner got himself admitted to the school in question, improperly and in any event, the admission of the writ petitioner to the school was regular, since he got the admission without complying with the Rules, the particulars whereof, have been quoted hereinbefore. In fact, his specific submissions were that since the percentage of marks which was obtained by the writ petitioner was 44% on Science subjects and thus below 45% marks as required, he could not have got himself admitted legally in the Science stream. It was also his specific submission that such admission was contrary to the guidelines as indicated in the said instructions, which according to him, at all material times was and still is the Regulations, duly framed for admission to Science stream by the school. In respect of students who have passed Madhyamik Examination It was further claimed and contended by him that such guidelines as Indicated hereinbefore, were not only mandatory, but were also necessary to be Incorporated, for empowering the said Council with the plenary Powers of allowing an intending candidate, who appear at the Higher Secondary Examination and such plenary power according to him, would also include the power of the said Council to see that admission to the concerned stream be made in terms of the relevant requirements as envisaged by the said instruction/regulations. He claimed that if such power to control at the admission stage is not there or deemed to be there with the said Council, then their power to control students from appearing at the final stage of examination would be nugatory or of no effect, as If such power to control at the admission stage is not there so the ultimate power for controlling the appearance of the students in the examinations would be futile. In support of his submissions, Mr. Chatterjee on a reference to s.21 stated that under those provisions, it is the mandatory duty of the said Council to advise the State Government on all matter relating to Higher Secondary Education referred to it by them and he also pointed out, that subject to any general or special order of the State Government, the provisions of the Act In question and any rules made thereunder, the said Council shall have generally the power to direct, supervise and control Higher Secondary Education and In particular the powers as mentioned in clauses (d), (g), (h), (k) and of subs 2 and sub-s.(3) of s.21, as quoted hereinbefore Mr. Chatterjee. Chatterjee. in fact made particular and specific references to clauses (g), (h), (k) and of sub-s (3), as Indicated hereinbefore Those sub sections admittedly authorise the said Council with the respective and necessary powers to Institute Higher Secondary Examination for the purposes of the Act and such other examination as it may deem fit and to make Regulations in that behalf. To make Regulations regarding the conditions to be fulfilled by the candidates appealing for the examinations conducted by the said Council, to grant permission to them to appear at such examinations and to refuse or withdraw such permission, if they think the same to be fit, in accordance with the Regulations as framed by them in terms of the authority as vested by the provisions of s.21 (2) of the Act. Thus, Mr. Chatterjee contended that the said Council had and still has the power to frame and formulate Regulations for admission and examinations of the candidates, as in this case find which according to him, was done by incorporating the terms as indicated in the said Instructions containing the necessary guidelines. Such power to regulate by the necessary framing of Regulations, according to Mr. Chatterjee, the said Council had and has as a matter of course and that too for the person as indicated earlier. On a further reference to the writ petition and the prayers as made therein. Mr. Chatterjee further pointed out that the writ petitioner respondent no. 1 having neither challenged the conditions on the basis whereof is school is given the necessary affiliation, which again contained the necessary restrictions as in this case nor the guidelines as contained in the said Instructions' to be illegal, void, arbitrary or without jurisdiction, will not be entitled to ask for the reliefs as claimed. 13. Mr. Chatterjee submitted in the facts and circumstances of the case that this Court should not pass or issue any direction to the said Council to give any protection to the writ petitioner respondent no. 1, as that would be in transgression of its powers and that too on the face of or because of the said Instructions or Regulations, as duly framed. To establish such proposition, reference was made by him to the case of A.P. Christian Medical Educational Society Vs. 1, as that would be in transgression of its powers and that too on the face of or because of the said Instructions or Regulations, as duly framed. To establish such proposition, reference was made by him to the case of A.P. Christian Medical Educational Society Vs. Government of Andhra Pradesh & Anr., AIR 1986 SC 1490 , where, In the facts of that case, It has been held and observed that the Supreme Court could not issue appropriate direction to the University to protect the interests of the students. Any direction to allow the students to appear for the examination would be in clear transgression of the provisions of the University Act and the regulations of the University. The Court cannot by its flat direct the University to disobey the statute to which it owes its existence and the regulations made by the University itself there it nothing more destructive of the rule of law than a direction by the Court to disobey the laws. 13A. Thereafter, reference was made by Mr. Chatterjee, to the decision in the case of Maharastra State Board of Secondary and Higher Secondary Education & Anr. v. Paritosh Bhupesh Kurmarsheth etc. AIR 1984 SC 1543 , where the validity of the Regulations framed by the Maharastra Secondary and Higher Secondary Board was in issue and it has been held and observed that such Regulation was not invalid fur violation of the principles of natural justice and the Courts should not examine the merits find demerits of policy laid down by a Regulation making body, apart from observing that the provisions contained in a statutory enactment or in rules/regulations framed thereunder have to be so construed as to be in harmony with each other and that where under a specific section or rule a particular subject has received special treatment, such special provision will exclude the applicability of the general provision which might otherwise cover the said topic. 14. Mr. Chatterjee then submitted that the writ petitioner respondent no.1 was not duly qualified to seek his admission to the Science stream in terms of or under the said Instructions/Regulations, as recognised and framed by the said Council, thus he had not had his entry to the said stream legally and appropriately and so in terms or the determinations in the case of Rajendra Prosad Mathur Vs. Karnataka University & Anr, AIR 1986 SC 1448 , he could not also authoritively sit for the Higher Secondary Examination. In the case under consideration, the question of eligibility for admission to B.E. Degree Course of Karnataka University, by a student who had passed examinations from Rajasthan which was not recognised all equivalent basis for admission, was in issue and in the facts of that case, It has been held that where the condition or eligibility for admission to B.E. Degree course was that the students seeking admission should have passed the two year pre-University Examination of the Pre University Education Board, Bangalore or an examination held by any other Board or University recognised as equivalent to it, the student passing Higher Secondary Examination held by Secondary Education Board, Rajasthan would be clearly ineligible for admission to the degree course when that examination was not recognised as equivalent the Karnataka University to the Pre-University Examination held by the Pre-University Board, Bangalore. So also, the students passing the first B.Sc. Examination of Rajasthan and Udaipur Universities would also be ineligible for admission when those examinations were also not recognised as equivalent to the pre-University Examination of Pre University Board Bangalore. It is for each University to decide the question of equivalence of an examination held by any other Board or University with the examination which primarily constitutes the basis of eligibility and moreover the Higher Secondary Examination of the Secondary Education Board, Rajasthan followed only 11 years schooling while the Pre-University Examination of the Pre-University Education Board, Bangalore came at the end of the 10 + 2 Course that is 12 years study Further, It is evident from the second part of the condition of eligibility prescribed by the Karnataka University that if a student did not fall in the first part he had passed B.Sc. examination with Physics, Chemistry and Mathematics and that mere passing of first year B.Sc. Examination would not be enough. 15. Lastly, Mr. Chatterjee referred to the case of Amarendra Pratap Singh & Ors. Vs. Lalit Narain Mithila University & Ors. AIR 1987 Pat. examination with Physics, Chemistry and Mathematics and that mere passing of first year B.Sc. Examination would not be enough. 15. Lastly, Mr. Chatterjee referred to the case of Amarendra Pratap Singh & Ors. Vs. Lalit Narain Mithila University & Ors. AIR 1987 Pat. 259 , where the Full Bench of the Patna High Court, while dealing with the case of University Examination, has observed that no amount of compassion for an unfortunate student of an unrecognised and unaffiliated educational institution warrants a mandamus for the declaration of his examination result contrary to the statutory provisions and University regulations, and as such he claimed that even though it is true that the writ petitioner Respondent no.1 had no hand in his admission to the Science stream and really he has been placed in great embarrassment by the act, actions or even inaction of the concerned school, he cannot get any benefit and this Court should not make any order in his favour on compassionate ground too. 16. Mr. Palit appearing for the writ petitioner respondent no.1 claimed that the cases as cited by Mr. Chatterjee were distinguishable on the facts of this case. It was his specific, categorical and definite submission that the said instructions/Regulation, were merely directory and not mandatory and to establish such submission he placed and relied on the subject heading of the said instruction/Regulation which only records. Guideline for Admission of students to the Plus Two (+2) Course during the session.....”, and thus claimed that even if there has been non-compliance with the said Instructions/Regulations by the concerned school in allowing admission to his client by the school concerned that would not be fatal. On a reference to the said Instructions/Regulations and so also the subject heading of the same as indicated earlier, Mr. Palit further claimed and contended that they were not statutory Rules or Regulations, the more so when, in the said Instructions Regulations, the terms of the concerned statute under which they have been framed, have not been stated or indicated. Thereafter, Mr. Palit, referred to sub ss.(4) and (5) of s.21 and claimed that since in this case, there is no valid legal evidence, establishing that the said Instructions/Regulations have either been approved by the Government or they were published in the Official Gazette, those Instructions/Regulations cannot be deemed to the statutory, as claimed. Thereafter, Mr. Palit, referred to sub ss.(4) and (5) of s.21 and claimed that since in this case, there is no valid legal evidence, establishing that the said Instructions/Regulations have either been approved by the Government or they were published in the Official Gazette, those Instructions/Regulations cannot be deemed to the statutory, as claimed. It was also claimed by him that the terms of s.21(5) mandatorily required the said Instruction/Regulations, for having the statutory force as claimed, to have been published in the Official Gazette, which steps have incidentally been taken amongst others in respect of Regulations framed in respect of West Bengal Council of Higher Secondary Education (Curriculum for Vocational Courses) Regulations, 1976 West Bengal Council of Higher Secondary Education (Curriculum for Bridge Courses) Regulations, 1976 and West Bengal Council of Higher Secondary Education (Recognition of Institution) Regulation, 1976. 17. Clause 14 of the said Instructions/Regulations which deals with percentage of Attendance, postulates that in order to be eligible to be sent up as a Regular candidate for H.S. Examination, the attendance of a candidate in class XI and XII taken together shall not be less than 70% and thereafter it has been said that the Heads of Institutions are requested to strictly adhere to the above Rule and on a reference to these provisions, Mr. Palit contended that if at all, those provisions as indicated, may be mandatory and not the rest of the said Instructions/Regulations, as in respect of them, nothing as mentioned under clause 14, has been stated or indicated. 18. There cannot be any doubt that the said Council, because of its incorporation under the provisions as indicated hereinbefore, is a statutory one and thus the whole question to be decided and determined in this case is, how far or if at all the said instructions/Regulations, as claimed to have been framed by them under or in terms of the several sub-sections of s.21 as quoted hereinbefore, are statutory or not and if they are directory or mandatory. The tests, for determining the director or mandatory character of such instructions/Regulations of involved in this case will be found out and determined on the basis of tests as laid down in the case of Montreal Street Railway Co. Vs. The tests, for determining the director or mandatory character of such instructions/Regulations of involved in this case will be found out and determined on the basis of tests as laid down in the case of Montreal Street Railway Co. Vs. Narmandis (1971), A.C. 170 and on the basis of such tests as indicated therein, we feel that it is very difficult to hold a view contrary to those as submitted by Mr. Chatterjee. We thus hold that the said Instructions/Regulations cannot be held to be merely directory as claimed by Mr. Palit and that too on the basis of his submissions as recorded hereinbefore. If the said Instructions/Regulations are not also held to be mandatory, then the ultimate and planery power of the said Council to regulate the appearance of the students in the Higher Secondary Examination would mean nothing or useleasn an would make the ultimate power of the said Council to regulate the appearance of the students in the concerned examinations, nugatory and/or of no use, as if the said Council, retains no right to control at the initial stage of admissions, they will not be able to control the students from appearing in the examination, who are given admission contrary to the norms as laid down. The said Instructions/Regulations also appear to us to be wholesome and they have not in our view created or laid down any unreasonable restrictions on the right of the students intending to take up the Science stream. We also fell that mere reference as “guidelines.............” as indicated in the said Instruction/Regulations, would not make them directory only and on the basis of the effect or results as sought to be achieved by them and Intention as Involved in them, they should be deemed to be mandatory. We further feel that if we return a verdict contrary to the above viz if we hold the said Instruction/Regulations to be directory only then the entire scheme to regulate or to check entry and examination in Science stream, which is a wholesome and bona fide one, will be frustrated and ultimately there would be great suffering and embarrassment to the student community at large. The said Council in our view has been fastened in the facts and circumstances of the case with some public duty and thus if we invalidate the said Instructions/Regulation, that would create great impediment on their powers and right to discharge and perform such public duty, which would not have a good, substantial and desired result or effect. 19. We feel, observe and hold that the non mentioning of the provisions of the concerned Act in the said Instructions Regulations will not be fatal or will not take away the statutory character of the same and the submissions as made by Mr. Palit on the basis of the provisions as Incorporated under s.14 of the said Instruction/Regulations, are really of no help and assistance to the writ petitioner respondent no.1. The said Council having a statutory character had and has a right to perform their functions duly and not arbitrarily and as such the said Instructions/Regulations as framed by them and which do not appear to us to be arbitrary, can also be locked into or considered by us and to strick them off if they appear to us to be unreasonable and arbitrary and since our view is in favour of the bona fide nature of the said Instructions/Regulations, we feel that they need not ordinarily be set aside or any interference is required and necessary in a case of the present nature and more particularly when, we feel that there was or has been some bona fides, in laying down or incorporating them and specially when there is no legal evidence available before us, which would establish that the power as involved, has been used by the said Council arbitrarily or unequally. As indicated earlier, we find the restrictions as sought to be imposed by the said Council over the entry and appearance of the students in the Science stream, are just, proper, justifiable and not unreasonable. We further feel that if such just control as sought to be imposed by the said Council and that too through the said Instruction/Regulations are not allowed or upheld, then the clause of the students would suffer and they would ultimately be placed to great hardship as in this case and that too after prosecuting the studies for a long time. 20. 20. In this case, the authorities of the school concerned certainly did not act properly in allowing the writ petitioner respondent no. 1 admission to the Science stream, since he had not had the due and necessary qualifications for such admission under or in terms of the said Instructions/Regulations. All Authorities of the school at all material times were and are still bound to follow the said Instructions/Regulations as framed by the said Council in the matter of admission or the students of the present nature and they cannot afford to or authorised to act contrary to them. If they do so or act in ay manner contrary to the said Instructions/Regulations, that would certainly be at their own risk and peril and by such act or action, they would get themselved exposed to appropriate actions. 21. Thus ordinarily it is very difficult for us to great any relief to the writ petitioner respondent no.1. But we feel that in view of the observation made by the Hon’ble Supreme Court of India or the circumstances for consideration as indicated by them in paragraph 8 or the determinations in the case of Rajendra Prasad Mathur Vs. Karnataka University & Any (Supra), we can give some or necessary relied to the writ petitioner respondent no.1, even though we are allowing this appeal. It would appear from the facts of this case that the writ petitioner, respondent no.1 was admitted to the Science stream, even though he duly disclosed all his marks, by the school authorities, contrary to the said Instructions/Regulations and in obtaining such admission, there was no unfair advantage taken by him and thus, he cannot be made to suffer, particularly when he has duly performed everything that was required to be done by him viz. payment of all dues and fees, maintaining his percentage and prosecuting his studies for the last two years for allowing him to acquire the necessary qualifications for sitting in the Higher Secondary Education. In fact, the student concerned duly sat for the said examination and has been successful. It was the defence of the school in question, which appeared through their present Headmaster Shri Nirmal Chandra Bhowmick that the school was not informed or intimated about the said Instructions/Regulations and as such the writ petitioner respondent no.1 was given admission to the Science stream. Mr. It was the defence of the school in question, which appeared through their present Headmaster Shri Nirmal Chandra Bhowmick that the school was not informed or intimated about the said Instructions/Regulations and as such the writ petitioner respondent no.1 was given admission to the Science stream. Mr. Chatterjee of course contradicted such statements But there is no legal evidence before us establishing any fact contrary to the statements as made by the Headmaster. As such we have no hesitation in holding that the said Instructions/Regulations were not made to the school concerned The Headmaster of course candidly agreed that the admission to the writ petitioner respondent no.1 was given contrary to such Instructions/Regulations. In fact, we are accepting the explanation as offered by the Headmaster of the School and reiterate our views that the writ petitioner respondent no.1 should not be made responsible or liable for such acts or actions of the concerned School and thus, be should, in all fairness be given the benefits of the results of his Higher Secondary Examination. It should also be noted now that the said Instructions/Regulations are being published in the Official Gazette, and the effect thereof would be that such defence of any School as to this case and after such publication will not be available and maintainable. The said defence will not also be available and maintainable in cases where the said Instructions/Regulations have otherwise been made known or available to any school. 22. Admittedly, the West Bengal Council Higher Secondary Education is required to prescribe modalities to control at the admission stage and that too, such modalities are required to be prescribed and provided within the powers in clauses (d) (g), (h) and (k) or sub-s 2 of s. 21 of the Higher Secondary Education Act 1975. We have been told by Mr. Chatterjee appearing on behalf of the Council that defect and/or lacuna, if any, as pointed out by Mr. Palit, learned Advocate, for the petitioner, in not having approved by the State Government and in not publishing in Official Gazette, the regulation and or guidelines, have since been regularised inasmuch as the aforesaid guidelines are now bring approved by the State Government and published in the Official Gazette, pursuant to specific requirements under s.21 sub ss.(3) & (4) of the said Act. Though guidelines for admission of students to the Plus Two (+2) course during the session 1985-86 is the subject matter of challenge in the unit petition And through Mr. Chatterjee, appearing on behalf of the said Council could not satisfy us that the guidelines for admission, issued by the said Council every year and at least for the relevant year, for the purpose of monitoring the admission of students to the Plus Two (+2) course (Class XI), is available amongst the powers, enumerated in s. 21, sub s. 2 in clauses (a) to (p), but Mr. Chatterjee has taken aid of sub clause (d, g, h & k) of sub s.2 of s.21 or the said Act and he has given emphasis to sub-clause (h) and tried to persuade us that though separate modalities for admission were not prescribed for issuing guidelines for admission of student to Class XI (Plus2 course but in order to make regulations regarding the conditions to be fulfilled by candidates presenting themselves to the examination Instituted by the Council one is required to be qualified for being admitted in Class XI Initially a student has to be admitted and after completion of 2 years course, he will be required to appear in the examination According to Mr. Chatterjee, though specific power was not given in s.21 sub-s. (2) of the said Act, so far admission is concerned, It is implied that under the Act, the said Council is authorised to issue guidelines for admission of students to the Plus Two (+2) course. 23. We were also given to understand that the said Council has taken steps to get approval from the State Government and for publication in the Gazette, we think and suggest, It is not direction but it can be treated as judicial advice to the respondents, that appropriate authorities would incorporate rational modalities of admission within the ambit of s.21 of the sub-s.(2) of the said Act and It is needless to mention that the said Council, while prescribing modalities for admission and corresponding examination, shall not be unmindful to the aspiration of the individuals and requirement of the community. 24. 24. Though our conclusion will not prejudice the students concerned but there is no hesitation to observe that the acts and actions of the school authorities, who will be responsible for such unauthorised admission, cannot be and should not be considered lightly Of course, as stated by Mr. Chatterjee said Council has published and/or going to publish the identical guidelines in the Official Gazette after having due approval or the State Government in terms of sub-s. (2) of s. 21 of the said Act. We express our concern whether Council has any provision fixing accountability of erring schools who, for reasons ultimately the students, being a victim of such an illegal and unauthorised action, after completion or his academic career of his course, find it difficult to appear in the examination, for which he had studied for a full section. We think that the Council should satisfy itself that the guidelines, so prescribed should be received by the school authority before commencement of the academic year and in spite of such receipt of the guidelines if, a student is admitted then several courses are open to the Council and we suggest the following courses to fix the accountability of persons concerned and also to check this irregularity to the academic area:- The recognition of the school may be withdrawn, if the school authority, Including Headmaster/Principal, admits any student without any authority and in clear violation of the guidelines prescribed by the Council If a student is given admission by any of the Headmaster/Principal/any person associated and in charge of the management, he should be made accountable for such lapse and/or lapses and a penalty should be awarded against the concerned persons for such illegal admission which should be a substantial amount, considering the duration of the course, the standard of the course, and the student should be given liberty to sue the teacher/person concerned for damage and/or compensation in accordance with the law Management Itself will be required to pay compensation and damage, as may be prescribed by the Council, at the first Instance which they may recover from the Headmaster or the accountable person, in appropriate proceeding. 25. Unless the Council gives wide publicity or the guidelines/rules, indicating the modalities to be followed by the institutions/schools, such lacuna and/or default, in different schools, cannot be checked The appeal is thus allowed. There will be no order as to costs. 25. Unless the Council gives wide publicity or the guidelines/rules, indicating the modalities to be followed by the institutions/schools, such lacuna and/or default, in different schools, cannot be checked The appeal is thus allowed. There will be no order as to costs. Dilip Kumar Basu, J.: I agree Appeal allowed ; but the writ petitioner will get the benefits of the result of the Higher Secondary Examination.