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Calcutta High Court (Appellete Side)

(Ad 9) vs The State Of West Bengal & Ors on 16 November, 2021

Author: Abhijit Gangopadhyay

Bench: Abhijit Gangopadhyay

Court No. 17                      WPA 14440 of 2021

16.11.2021                            Ram Sarkar
(AD 9)                                    Vs.
                            The State of West Bengal & Ors.
(S. Banerjee)


                                  (Via Video Conference)

                     Mr. Anjan Bhattacharya
                                                         ... for the petitioner
                     Mr. Bhaskar Prasad Vaisya
                     Mr. Suman Dey
                                                             ... for the State
                     Mr. Sandip Kumar Dey
                     Mr. Abhijit Sarkar
                                                           ... for the School



                      Let the affidavit of service filed in court today be

                kept on record.

                      The    petitioner   is    directed     to    file   one

                supplementary affidavit clarifying the following points:

                      1) How he was appointed in Magurpur High

                         School?

                      2) Following which procedure he was appointed

                         in Rajibpur St. Joseph High School?

                      3) He has to disclose all documents in respect of

                         his appointment including joining letter in the

                         Bhurkush      High    School,     Magurpur       High

                         School and Rajibpur St. Joseph High School.

                      He is also directed to annex to the supplementary

                affidavit all other documents to give a complete picture

                of this case which has several loose ends.
                      2




      Learned advocate appearing for the State is

directed to take instruction from the District Inspector

of Schools (SE) of Gangarampur subdivision as to how

the petitioner was appointed in Rajibpur St. Joseph

High School - was it on the recommendation of the West

Bengal Regional School Service Commission?

      Learned advocate for the present school of the

petitioner, being respondent nos. 8, 9 and 10, has

submitted that the present school being a school established by the minority community, is not governed by the West Bengal Central School Service Commission and, therefore, application for approval under Utsashree portal cannot be considered by the school as School Service Commission Act is not applicable to them.

Learned advocate for the State, Mr. Vaisya, is also directed to take instruction from the Commissioner of School Education as to whether Utsashree portal can be availed of by the teachers of schools established by minority community.

As the petitioner has not made West Bengal Central School Service Commission a party, I direct the petitioner to add the Commission a party respondent to this application forthwith.

The matter is adjourned for two weeks. List this matter on 30th November, 2021.

(Abhijit Gangopadhyay, J.)