Calcutta High Court (Appellete Side)
Pralay Kumar Sarkar vs The State Of W.B. & Ors on 4 September, 2014
Author: Dipankar Datta
Bench: Dipankar Datta
1 04.09.2014
Item No.39 SB W.P. 24096 (W) of 2014 Pralay Kumar Sarkar Vs. The State of W.B. & Ors.
Mr. A. Chakraborti.....................for the petitioner. Mr. A. Mukherjee, Ms. S. Biswas Chowdhury...............for the State. Mr. A. Gangopadhyay...............for the Commission. The petitioner is the headmaster of Shibpur Chatterjeehat Boys' High School. He is aggrieved because despite being recommended by the Chairman, West Bengal Regional School Service Commission (SR) for appointment on the post of Headmaster of South Duillya High School, he has not been released on the ground that there is neither a managing committee of the former school in place nor an administrator in respect thereof has been appointed.
Ms. Biswas Chowdhury, learned advocate appearing for the State has produced before the Court the instructions received from the District Inspector of Schools (SE), Howrah.
It appears therefrom that a Drawing and Disbursing Officer (hereafter the DDO) has been appointed for Shibpur Chatterjeehat Boys' High School and neither the DDO nor the District Inspector is the competent authority to release the petitioner for his joining at South Duillya High School. It also appears therefrom that the Commissioner of School Education has been approached with a request to appoint an 2 administrator in respect of Shibpur Chatterjeehat Boys' High School vide memo dated 11.04.2014 but the issue is pending at his end. Having heard learned advocates for the parties and bearing in mind the fact that in terms of the extant rules, it is only the managing committee or the administrator that has the power to release the petitioner, immediate relief cannot be granted. Since neither a managing committee nor an administrator is in place, the petitioner has to wait till such time the managing committee is reconstituted or pending reconstitution, an administrator is appointed. However, at the same time the petitioner's interest has to be protected in the sense that the post of headmaster in South Duillya High School should not be filled up by any other candidate.
With this in view, I direct that the petitioner's joining time shall stand extended till 15 days after reconstitution of the managing committee of Shibpur Chatterjeehat Boys' High School or an administrator is appointed in respect thereof, whichever is earlier. Once the managing committee is reconstituted or the administrator is appointed, the petitioner's request for release shall be duly considered in accordance with law and appropriate order be passed thereon. The Regional School Service Commission shall not recommend any other candidate for filling up the post of headmaster of South Duillya High School till the time mentioned hereinabove. The writ petition stands disposed of, without costs. Urgent photostat certified copy of this order, if applied for, be furnished to the parties as early as possible. 3 (DIPANKAR DATTA, J.)