Writ petition seeking permission to appear in B.Ed. examinations rejected because petitioners failed to clear papers within the mandatory three-year timeline. Single-judge bench dismissed petition, upholding the impugned order as no legal infirmity existed. No relief granted.
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05-08-2022 5 AKG Ct. 21
WPA 2519 of 2020 Soumitra Das & Ors. Vs. The State of West Bengal & Ors.
Md. Taimur Hossain, Mr. Mrinal Kanti Sardar …For the Petitioner
Mr. Amitabrata Roy, Mr. Pradip Kumar Ghosh …For the Respondent Nos. 2, 3 & 4 Mr. Malay Kr. Singh, Mr. Gourav Das …For the State
By the order impugned dated September 6, 2019, the prayer of the petitioners to allow them to appear in the B.Ed. fourth-semester examination along with the supplementary examination in some papers of the firstsemester examination was rejected. The said fourthsemester examination was scheduled to be held in June 2019.
It appears that the petitioners appeared in the firstsemester examination in December 2017. They could not clear some of the papers and then they appeared in the second-semester examination along with said firstsemester supplementary papers in June 2018. Again in October 2018, petitioners appeared in the third-semester examination but they did not fill up the form for the firstsemester supplementary examination. Therefore, the petitioners have passed the second and third-semester without clearing those first-semester papers.
As per the Rules, the petitioners lost their chance for
2
appearing in the first-semester supplementary examination in December 2018. The “Curriculum Structure for Two-Year Teacher Education Programmes (B. Ed. And M. Ed.) in West Bengal” provides that a candidate has to clear his B.Ed. course of study within six consecutive chances within three years from his/her date of admission.
Since the petitioners could not complete the semester within three years from the date of their admission, their prayer could not have been allowed.
I do not find any infirmity in the order dated June 6, 2019.
In fact, no relief can be granted to the petitioner as on date by permitting them to appear in an examination which was held in June 2019.
Accordingly, WPA 2519 of 2020 is dismissed.
Let urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.
3 issues framed by the court
Whether the petitioners could be permitted to appear in a B.Ed. examination held in June 2019 having failed to clear first-semester papers within the stipulated three-year period.
Whether the bombay High Court order dated September 6, 2019 rejecting the prayer was legally infirm.
Whether the petitioners violated the rule requiring completion of B.Ed. course within six consecutive chances within three years of admission.
Soumitra Das & Ors.
The State of West Bengal
Md. Taimur Hossain
As recorded by the court registry
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