Judgment : Four petitioners have jointly filed this writ petition for issuance of writ of mandamus for commending the respondent no.6, namely, the Head Mistress of Sakhawat Memorial Govt. Girls’ High School to forthwith give admission to the petitioners in the said school on the basis of their application for admission in Urdu section in Class XI (Arts). Certain other incidental reliefs have also been claimed by the petitioners in the said writ petition. The petitioners were all students of Sakhawat Memorial Govt. Girls’ High School (hereinafter referred to as the said school). They studied in the said school from K.G.-I up to Class X with their first language Urdu. Each of them passed Madhyamik Pariksha in 2011 having secured 60% marks in aggregate. They sought for admission in Class XI of the said school in Humanities Group with Urdu as their first language. Only five students in Humanities Group having Urdu as the first language were admitted in Class XI in the said school. The names of the petitioners were included in the waiting list. But ultimately admission was not given to them by the school authority. The petitioners contend that since the petitioners studied in the said school from K.G.-I to Class X having Urdu as their first language and have also came out successfully in the Madhyamik Pariksha in 2011 having secured 60% marks in aggregate, admission ought not have been denied to them by limiting seats for the students seeking admission in the Humanities Group with Urdu as their first language. In fact, the respondent no.6 has not only been accused for her inefficiency for not increasing the intake capacity of the students in Humanities Group with Urdu as the first language in the said school but she was also accused for her arbitrary and discriminatory treatment towards the petitioners herein for denying their admission in the said school. Under such circumstances, the instant writ petition was filed by the petitioners herein. The respondent no.6 has contested this writ petition by filing her affidavit-in-opposition contending therein that there was no seat for the students having Urdu as their first language in the Higher Secondary section, prior to 2000. Under such circumstances, the instant writ petition was filed by the petitioners herein. The respondent no.6 has contested this writ petition by filing her affidavit-in-opposition contending therein that there was no seat for the students having Urdu as their first language in the Higher Secondary section, prior to 2000. But as per the instruction given by the then Education Minister in 2000, the school authority had to admit altogether ten students, (five in the Science Group and five in the Arts Group having Urdu as their first language) in the Higher Secondary section though no teaching staff was provided for such students in Higher Secondary section. The existing teaching staff of the secondary section of the said school started teaching those students in the Higher Secondary section. Since then such system is being continued. Though the school authority feels much difficulty in continuing this system due to lack of sufficient infrastructure and for insufficient staff strength in the said school still then the school authority could not discontinue the said system due to ministerial intervention and also by considering the constant demand of the home students for their admission in Class XI in the said school. It is further contended by her that in spite of repeated request made by her to the concerned authority neither the infrastructure has been improved nor any additional teacher has been provided for teaching such students having Urdu as the first language in the Higher Secondary section of the said school. It is further contended by her that all the ten students (five in Arts stream & five in Science stream) who were admitted in Class XI of the said school, are home students and they were selected for such admission on the basis of the marks obtained by them in the Secondary Examination. It is further contended by her that none of the petitioners secured more marks than any of the candidates who were admitted in the Humanities Group in Class XI in the said school. It is also contended by her that the petitioners were all included in the waiting list according to their performance in the Secondary Examination. As such she claimed that the allegations made by the petitioners against her about her alleged arbitrary and/or discriminatory action in selection of five students for their admission in Class XI in the said school, are absolutely baseless and unfounded. As such she claimed that the allegations made by the petitioners against her about her alleged arbitrary and/or discriminatory action in selection of five students for their admission in Class XI in the said school, are absolutely baseless and unfounded. Considered the submission of the learned Counsel appearing for the parties and the pleadings made by them in their respective affidavits filed in connection with the writ petition. Let me now consider the merit of this writ petition in the facts of the instant case. No doubt the petitioners admittedly studied in the said school from K.G.-I to Class X with Urdu as their first language. It is also an admitted fact that the said school has necessary infrastructure for teaching students having Urdu as their first language up to the Secondary level. Though the petitioners claim that the school has sufficient infrastructure to admit the petitioners in Class XI in Humanities Group with Urdu as their first language, but no material has been produced before the Court to substantiate such claim of the petitioner. Despite the respondent no.6 in her affidavit categorically stated about the infrastructural deficiency in the Higher Secondary section for the students having Urdu as their first language, but the petitioner even in their reply failed to show that sufficient infrastructure; such as class rooms, teaching and non-teaching staff are available in the said school for admitting more students in Class XI therein. Unless sufficient infrastructure is available for teaching students having Urdu as the first language in the Higher Secondary section, this Court cannot compel the school authority to admit the petitioners in Class XI in the said school even though they agree to pursue their studies along with the Bengali medium students, by retaining Urdu as their first language. Unless sufficient infrastructure is available for teaching students having Urdu as the first language in the Higher Secondary section, this Court cannot compel the school authority to admit the petitioners in Class XI in the said school even though they agree to pursue their studies along with the Bengali medium students, by retaining Urdu as their first language. After taking into consideration of the letters written by the Head Mistress to the concerned authorities which were disclosed in her supplementary affidavit, this Court is of the view that, in fact, the school authority was compelled to admit ten students having Urdu as their first language in Class XI in the said school in the year of 2000 by the then Ministry-in-Charge, Education Department and the same practice is still being continued till date, even though the State Government neither improved the infrastructure in the said school nor the teaching strength of the said school has been increased and/or provided for teaching the students having Urdu as their first language in the Higher Secondary section. In fact, the school had no option but to follow the direction of the then Minister-in-Charge, Education Department for admitting ten such students (five in Arts Stream and five in Science Stream) in Class XI in the said school but the school authority cannot be compelled to admit more such student unless the infrastructural facilities are improved. There is another practical difficulty which cannot be lost sight of by this Court. If these four students are allowed admission then the remaining home students who had Urdu as their first language in such Secondary section, cannot be denied admission, if they now seek admission in Class XI in the school. The Court can neither pass any order which may create a total stalemate in the education of the students of any institution nor it can pass any order which cannot be implemented at all. Thus, this Court is of the view that unless the infrastructure is improved and sufficient teaching staffs are provided for teaching such students having Urdu as their first language, the school authority cannot be compelled to admit additional students in Class XI in the said school. That apart, the students cannot take the decision as to how many students are to be admitted in any particular class in a school. That apart, the students cannot take the decision as to how many students are to be admitted in any particular class in a school. Such a decision can only be taken by the school authority after taking into consideration the availability of infrastructural facility and staff strength in the said school. The educational standard of an educational institution cannot be immersed by admitting more students beyond its capacity. Thus, this Court holds that the petitioners cannot compel the school authority to admit them in Class XI in the said school even though the intake capacity of the said school in the Higher Secondary section does not permit the school authority to admit additional students in the Higher Secondary section in the said school. Thus, this Court does not find any illegality on the part of the respondent no.6 by not offering admission to the petitioners in the said school. Since none of the petitioners secured more marks than any of the five admitted students in the said school, the allegation against the respondent no.6 as to her arbitrary and discriminatory treatment against the petitioners in refusing admission to them, in my view, have not been established. Under such circumstances, this Court holds that the writ petition deserves no merit. The writ petition, thus, stands rejected. However, considering the Circular issued by the Secretary of the West Bengal Council of Higher Secondary Education dated 27th May, 2011 being annexure P/6 to the writ petition as page 44, this Court feels the necessity for improving the infrastructural facilities in this school for admitting more students in the Higher Secondary section and, thus, directs the Education Department of the State of West Bengal to improve the infrastructural facility and sanction additional teaching and non-teaching staff for the said school, as urgently as possible so that the students reading in the said school in the Secondary section having Urdu as their first language, do not feel any difficulty henceforth in prosecuting their further studies in the Higher Secondary section having Urdu as their first language, in the said school. The writ petition is, thus, disposed of.