Calcutta High Court (Appellete Side)
Barrackpur (Cni) & Anr vs State Of West Bengal & Ors on 31 January, 2022
Author: Amrita Sinha
Bench: Amrita Sinha
67
31.01.2022.
d.p.
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A 731 of 2022
(Via Video Conference)
Abbey Primary School, Budge Budge Diocese of
Barrackpur (CNI) & Anr.
-versus
State of West Bengal & Ors.
Mr. Kamalesh Bhattacharya,
Mr. Anindya Bhattacharya.
...For the Petitioners.
Mr. Arindam Chattopadhyay.
...For the State.
The School has approached this Court by filing
the present writ petition being aggrieved by the order
passed by the District Inspector of Schools (P.E.), South
24-Parganas bearing Memo No. 463/P.E. dated 3rd
December, 2021 wherein the prayer of the petitioner for
recruiting teachers in the said school stood disallowed
on the ground that seven posts for which interview was
taken were not sanctioned by the Department of School
Education.
The petitioner is a Christian Minority Institution.
Documents have been annexed to the supplementary
affidavit to show that posts of five teachers in the
School were sanctioned by the School Education
Department.
The impugned order mentions that seven posts
were not sanctioned by the Department of School
Education. The petitioner has forwarded letter to the
2
District Inspector of Schools (P.E.), South 24-Parganas
as well as to the Commissioner of School Education
Department in August 2019 wherein approval of five
retired teachers were forwarded by the School.
The impugned order does not show whether the
documents forwarded by the petitioner with regard to
five sanctioned teachers were at all taken into
consideration or not.
The petitioner admits that five and not seven
posts were sanctioned.
The learned advocate appearing for the State
respondents is directed to file a report within four
weeks after verifying the facts from the documents annexed to the supplementary affidavit.
The report shall specifically mention as to how many posts have been sanctioned by the Government in respect of the said School.
A copy of the report be handed over to the learned advocate for the petitioner in advance.
Let the matter appear in the list five weeks hence under the heading "For Orders".
( Amrita Sinha, J.)