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2009 DIGILAW 431 (CAL)

Kakali Panja v. STATE OF WEST BENGAL

2009-06-22

KISHORE KUMAR PRASAD, PRANAB KUMAR CHATTOPADHYAY

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Judgment :- (1) This application has been filed in connection with the appeal preferred from the order dated 18th June, 2009 passed by the learned Single Judge of this Court in the writ petition filed on behalf of the appellant/petitioner whereby and where under the said learned Judge refused to pass any interim order. (2) Going through the relevant records annexed with this application, we find that the appellant/petitioner is aggrieved by the decision of the school authorities as communicated by the Headmaster of the school by written communication dated 15th December, 2008, whereby the Managing Committee of the said school refused to issue no objection certificate to the writ petitioner for continuing the study in the correspondence course in M.Sc. Geography from Vidyasagar University. (3) The learned Advocate representing the appellant/writ petitioner submits that no leave is required for the appellant/petitioner for undertaking the aforesaid study in the correspondence course in M.Sc. Geography from Vidyasagar University and, therefore, the interest of the students of the school will not be affected under any circumstances. (4) The learned Advocate of the appellant/petitioner further submits that the managing committee of the school concerned refused to issue the aforesaid no objection certificate only on the ground that the permission was not obtained before taking admission in the said course. (5) Having heard the learned Counsel appearing for the respective parties and scrutinizing the aforesaid decision of the Managing Committee of the school concerned, we are of the opinion that the aforesaid decision of the Managing Committee is an unfortunate one. The Managing Committee of the concerned school should have encouraged a teacher for enhancing his qualification as the enhanced qualification of the teacher will ultimately benefit the students of the school. The Managing Committee of the school should have appreciated that the teacher concerned will prosecute her studies without affecting the interests of the students since no leave is required for undertaking the study in the correspondence course in M.Sc. Geography. (6) Mr. Mukherjee, learned Counsel representing the school authorities submits that the Managing Committee of the school concerned refused to consider the prayer for issuance of no objection certificate only on the ground that the appellant/petitioner did not obtain such permission before taking admission in the said correspondence course from Vidyasagar University. Geography. (6) Mr. Mukherjee, learned Counsel representing the school authorities submits that the Managing Committee of the school concerned refused to consider the prayer for issuance of no objection certificate only on the ground that the appellant/petitioner did not obtain such permission before taking admission in the said correspondence course from Vidyasagar University. (7) The learned Advocate of the school authorities referred to a circular issued by the West Bengal Board of Secondary Education under Memo. No. S/122 dated 2nd May, 1991 and submits that such no objection certificate is required to be approved by the Board. (8) We fail to understand how the aforesaid circular can be made applicable in respect of the petitioner as the said circular was issued in connection with sanction or special leave on full pay to a teacher intending to appear at an interview. (9) In the present case, the appellant/petitioner will have no occasion to apply for sanction of special leave on full pay as the said appellant will undertake her study in correspondence course. (10) We do not find any reason which prevents the Managing Committee of the school concerned from issuing no objection certificate at this stage. There is no legal bar on the part of the Managing Committee of the school concerned to issue no objection certificate in favour, of the appellant since the said appellant has not yet completed her study in the correspondence course in question. (11) Mr. Mukherjee, however, submits that an opportunity should be granted to the said Managing Committee to review its earlier decision. (12) Having heard the learned Counsel of the respective parties and for the reasons mentioned hereinbefore, we are of the opinion that the decision of the Managing Committee refusing to issue no objection certificate in favour of the appellant cannot be sustained in the eye of law and, therefore, we quash the said decision, of the Managing Committee as communicated by the Headmaster of the school by written communication dated 15th December, 2008 and direct the Secretary of the Managing Committee to issue no objection certificate in favour of the appellant/writ petitioner in order to enable her to continue her studies in the correspondence course in M.Sc. Geography from Vidyasagar University without any difficulty. Geography from Vidyasagar University without any difficulty. (13) The aforesaid certificate should be issued by the Secretary of the Shanpur Netaji Subhas High School, Dasnagar, Howrah at an early date but positively within 26th June, 2009. (14) In view of the aforesaid direction, no effective purpose would be served in keeping the appeal as well as the writ petition pending. Therefore, by consent of the parties both the appeal as well as the writ petition is treated as on days list and the same are disposed of along with the stay application in terms of the order mentioned hereinbefore. (15) In the facts of the present case, there will be, however, no order as to costs. (16) Let xerox plain copies of this order, duly countersigned by the Assistant Registrar (Court), be given to the respective parties on usual undertaking. Appeal disposed of.