Decline In Nearby Girls’ School Enrolment No Ground To Bar Girls’ Admission In Co-Educational Institution: Calcutta High Court
Sanchayita Lahkar
The High Court of Calcutta, Single Bench of Justice Krishna Rao has set aside the West Bengal Board of Secondary Education’s directions that stopped a recognised co-educational school from admitting girl students in Classes V to VIII and has restored its ability to run co-education at those levels. The dispute arose after the Board restricted admissions for girl students in the middle classes, citing a decline in enrolment at a nearby girls’ school and seeking to protect that school’s intake. The Court noted that the institution has been recognised as co-educational since 6 January 1965 and that the Board did not establish any breach of statutory or regulatory conditions by the school.
The petitioners relied on the school’s historical recognition as a co-educational institution since 1965, its infrastructure, and parental preference for co-education. They referred to government reports and judicial precedents supporting co-education and argued that the Board’s decision was arbitrary and unsupported by violations.
The respondents defended the withdrawal by referring to Board circulars, prior litigation, and the need to protect the viability of the neighbouring girls’ school. They relied on earlier Board orders and submissions regarding enrolment imbalance. Reports were placed on record regarding student strength, teacher–student ratio, and the Board’s regulatory powers. No allegation of infrastructural deficiency or breach of conditions by the co-educational school was recorded in the judgment.
The Court observed that “Sonamui Co-Education School was recognised by the Board as a Co-Education Higher Secondary School with effect from 6th January, 1965.” It recorded that a girls’ school was established later in close proximity and that subsequent representations sought withdrawal of co-education from the boys’ school.
While examining the Board’s reasoning, the Court noted that “the only ground for withdrawal of co-education system by the Board is due to sharp decline in roll strength in the girls’ school.” It further recorded that “there is no allegation that the Co-Education School has violated any terms and conditions.”
The Court took note of earlier proceedings and stated that “the writ petition was dismissed not on merit. The same was dismissed for default.” It also recorded that liberty had been granted earlier to the Board “in the interest of education of students of the locality to take further decision that might be necessary including review of the decision dated 2nd September, 2004.”
Referring to policy materials, the Court recorded extracts from the 1974 Government of India report, including “there should be no ban on admission of girls to boys’ institutions.” It also recorded judicial precedent recognising co-education as conducive to development.
On the factual matrix, the Court observed that “the petitioners have given details of eight co-education schools within the radius of four (4) kilometers” and that the Board “has taken decision for withdrawal of Co-education system for Classes V to VIII of the petitioner’s school without any cogent reasons.”
The Court also noted that “the Board has not considered the facilities available in the Co-Education School, the Right of Children to Free and Compulsory Education Act (RTE), 2009 and desires of the parents and girl students of the said locality.”
The Court directed that “the order dated 2nd September, 2004, 15th July, 2014 and 11th April, 2017 are set aside and quashed. WPA No. 29396 of 2024 is allowed.”
Advocates Representing the Parties
For the Petitioners: Mr. Subir Sanyal, Senior Advocate; Ms. Sumouli Sarkar; Mr. Sourojit Mukherjee
For the Respondents: Mr. Himadri Barua; Mr. Biswajit Das, Mr. Sounak Bhattacharya; Mr. A. Haldar; Ms. Debanwita Pramanik, Ms. Koyeli Bhattacharya; Mr. Manas Bhattacharya (West Bengal Board of Secondary Education). Mr. Sayan Ganguly (State)
Case Title: Swapan Kumar Manna & Ors. v. State of West Bengal & Ors.
Case Number: WPA No. 29396 of 2024
Bench: Justice Krishna Rao
