Safiya Hasan v. The State of West Bengal & Ors.

Mr. Dey, learned advocate appearing for Safiya strenuously argues that Safiya hails from a very poor family and all along she had maintained good results but due to delay towards grant of recognition of the said school, she had been the victim and is being denied registration by the West Bengal Board of 3 Secondary Education (in short, the said Board). In the absence of such registration, Safiya is also being denied the opportunity to appear in the Madhyamik Pariksha 2026. Mr. Das, respondent no.9, appearing in-person supports the contention of Mr. Dey and submits that the issue of recognition of the said school as a High School has been unnecessarily kept pending and as a consequence thereof, Safiya had been the worst sufferer. Mr. Datta, the learned Government Pleader appearing for the State submits that the State Government has recommended for upgradation of the said school as a High School with effect from 1st January, 2026. Such recommendation has been forwarded to the Secretary of the Board vide memo dated 2nd January, 2026. Ms. Bhattacharyya, learned advocate appearing for the Board submits that Safiya has not studied in a recognized school in classes IX and X. In view thereof, she cannot be registered for appearing in the Madhyamik Pariksha, 2026 which is due to commence on and from 2nd February, 2026. Any order passed granting leave to Safiya to participate in the Madhyamik Pariksha would open a floodgate and students of all unrecognized schools would be 4 approaching the Board for participation in the examination. She further submits that even in the event the said school is granted recognition, as recommended by the State, Safiya would have to take fresh admission and complete two academic years to appear in the Madhyamik Pariksha. We have heard the learned advocates appearing for the respective parties and Mr. Das, appearing in- person, for the respondent no.9. When the matter was last taken up for hearing yesterday, considering the fact that Safiya would be losing two academic years for not studying in a recognized institution, we directed Ms. Bhattacharyya to obtain necessary instruction as to whether Safiya can be allowed to participate in the Madhyamik Pariksha, 2026 scheduled to commence on and from 2nd February, 2026 on any condition. Today, Ms. Bhattacharyya informs this Court that the Board shall extend all assistance to Safiya to take admission in class X in any recognized institution. Upon such admission, Safiya would be granted registration to enable her to appear in the Madhyamik Pariksha of the year 2027. In view thereof, Safiya would not be losing two academic years. In the said conspectus, though we are unable to direct the respondents/authorities to allow Safiya to 5 appear in the Madhyamik Pariksha 2026, we direct that upon taking admission in a recognized school this year in class X, the Board shall grant registration in favour of Safiya to enable her to appear in the Madhyamik Pariksha of the year 2027. Any deficiency of attendance in class X shall also be condoned by the Board and the concerned school in which Safiya is admitted. The Board shall also ensure that the recognized institution/school approached admission of Safiya shall grant admission to Safiya as a special case and allow her to take regular classes without raising any objection and extend all cooperation to Safiya to enable her to appear in the Madhyamik Pariksha of the year 2027. The order impugned in the present appeal is modified to the above extent and the appeal along with the connected application is disposed of. There shall, however, be no order as to costs. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)