Decline In Enrolment Of Nearby Girls' School No Ground To Ban Admission Of Girls In Co-Educational Institution: Calcutta High Court

The Calcutta High Court has held that the West Bengal Board of Secondary Education (WBBSE) cannot withdraw co-education facilities from a school merely to protect the enrolment of a nearby girls' school. The Court quashed the Board's orders, which restricted admission of girl students in Classes V to VIII at Sonamui Co-Education School.Justice Krishna Rao noted that Sonamui Co-Education School has been a recognised co-educational institution since 6 January 1965 and that no violation of statutory or regulatory conditions by the school was established by the Board.The dispute arose after a girls' school was established within close proximity of the co-educational school in 1988, following which the Board gradually withdrew permission for co-education at the middle level. The primary reason cited by the Board was a sharp decline in enrolment in the girls' school, which was allegedly caused by the continued operation of the co-educational institution.The Court observed that the earlier writ petition challenging the Board's order dated 2 September 2004 was dismissed for default and not on merits. Therefore, the dismissal could not be treated as an affirmation of the Board's decision to discontinue co-education.Referring to Articles 14, 15 and 21-A of the Constitution and the Right of Children to Free and Compulsory Education Act, 2009, the Court emphasised that access to quality education and parental choice cannot be curtailed by arbitrary administrative decisions.The Court also relied on judicial precedents recognising the benefits of co-education, including the Allahabad High Court's decision in Rama Nath Tiwari v. Committee of Management and the Supreme Court's judgment in State of Tamil Nadu v. K. Shyam Sunder, which underline the role of education in promoting equality and social development.Taking note of the infrastructure and facilities available at Sonamui Co-Education School, including separate amenities for girl students, the Court found that the Board had failed to consider relevant factors. It further observed that several other co-educational schools were functioning in the same locality, making the Board's action discriminatory and without cogent justification.Holding that co-education promotes healthy interaction, equality and holistic development of students, the Court set aside and quashed the Board's orders dated 2 September 2004, 15 July 2014 and 11 April 2017. The writ petition was accordingly allowed, permitting the school to admit girl students in Classes V to VIII.Case: Swapan Kumar Manna & Ors. Versus State of West Bengal & Ors.Case No: WPA No. 29396 of 2024Click here to read order

Decline In Enrolment Of Nearby Girls' School No Ground To Ban Admission Of Girls In Co-Educational Institution: Calcutta High Court

Srinjoy Das

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