Calcutta High Court (Appellete Side)
Monoranjan Bachhar . Vs. State Of West ... vs State Of West Bengal & Ors on 30 April, 2013
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
1
0.04.13
sd.
W.P. 3463 (W) of 2013
Mr. Swapan Banerjee,
Mr. Kunal Ganguli...... For the Petitioner.
Mrs. Debjani Roy ..... For the State.
Mr. Debajyoti Basu,
Mr.S. Bhattacharjee For the Respondent No 5
Mr. Santanu Maitra .For the Respondent No 7 Let the affidavits filed by the respondent No 7 and 8 respectively be kept on record.
This writ application is filed by the petitioner for a direction upon the respondent- school to issue letter of appointment in his favour in respect of a post of non-teaching staff (Group- D) on the basis of the recommendation dated November 09,2012 of the Regional School Service Commission (Eastern Region) as also in compliance of the final order dated January 16, 2013 passed in the matter of Monoranjan Bachhar . Vs. State of West Bengal (In Re: W.P. No. 820 (W) of 2013).
This matter has a checkered history as follows:-
The petitioner participated in a selection process for appointment of non-
teaching staff (Group - D) initiated by the West Bengal Regional School Service Commission (Eastern Region). His name appeared in the panel of selected candidates. His name was recommended by the West Bengal Regional School Service Commission ( Eastern Region) for appointment in the post of non-
teaching staff (Group -D) of Kanaipur High School, District - Hooghly, but letter of appointment was not issued in his favour by the aforesaid school.2
The petitioner moved an application under Article 226 of the Constitution of India in the matter of Monoranjan Bachhar - Vs- State of West Bengal and Ors (In Re: W.P. 820 (W) of 2013) and the above writ application was disposed of on January 16, 2013 with a direction upon the respondent - school to issue letter of appointment in his favour in terms of recommendation made by the West Bengal School Service Commission (Eastern Region).
Though the petitioner was appointed in the school under reference but it was subject to the conditions mentioned in his letter of appointment dated January 21, 2013. Thereafter, the petitioner filed the instant writ application.
Having heard the learned Advocates appearing for the respective parties as also after considering the facts and circumstances of this case, I find that by an order passed by the Commissioner of School Education, West Bengal under memo No. 353- LS dated April, 2013, the West Bengal Secondary Education was directed to take necessary steps in this matter and the above communication is quoted below : -
Government of West Bengal Directorate of School Education. Bikash Bhawan, 7th Floor, Salt Lake, Kolkata- 91.
Memo No. 353 LS Dated, Kolkata, the 29.04.2013 From: Commissioner of School Education, West Bengal.
To : The Administrator, West Bengal Board of Secondary Education Nivedata Bhawan, Karunamayee, Block DJ-8, Salt Lake, Kolkata -700091. Sub : Appointment of Administrator at Kanaripur High School, Hooghly.3
Re : 1) W.P. No. 3463 (W) of 2013 Monoranjan Bachar Vs. State of West Bengal & Ors.
D.I./s. (S.E)'s communication dated 29.04.2013.
2) W.B.B.S.E Memo No. 72/Adman/13 dated 26.04.13.
Sir, In connection with the subject mentioned above, I am to state that from papers and documents as submitted by the District Inspector of Schools (S.E), Hooghly , it appears that the petitioner, recommended by the West Bengal School Service Commission was harassed by the School Authority in the matter of joining as Group - D staff of the school and some conditions were also imposed upon the petitioner regarding his appointment which were very uncommon in nature and not in accordance with law.
It also appears that several correspondences were made from the end of the District Inspector of Schools (S.E) , Hooghly to the school authority to overcome the situation and to act in accordance with law but the school authority did not pay heed to the instruction of the District Inspector of Schools( S.E ) , Hooghly and violated the rules and regulation of the Govt.
In view of the above, I am compelled to give consent in the matter of appointment of the Administrator for the interest of the students and smooth running of the administration of the school.
This is sin compliance with the Hon'ble High Court's order dated 17.04.2013.
Yours faithfully, Sd. Commissioner of School Education West Bengal.
Memo No. 353/1/1 LS dated Kolkata 29.04.2013.
4
It further appears from the affidavit filed by the respondent No 7 that Assistant Inspector of School (S.E) District - Hooghly has been appointed as an Administrator of the School under reference superceding the managing committee by an order passed by the West Bengal Board of Secondary Education under Memo No. 75 / ADMN/ 13 dated 29.04.2013. The above order is quoted below:
Dr. Kalyaanmoy Ganguly, Administrator.Memo No. 75/Admn/13
To Sri Susanta Biswas, Assistant Inspector of Schools (S.E), Office of the D.I. Of Schools (SE), Hooghly, P.O. & Dist. Hooghly, Pin - 712103.
Sub: Appointment of Administrator with reference to W.P. No. 3463(W) of 2013.
Sir, In compliance with the order of the Hon'ble Court dated 17.04.2013 in W.P. No. 3463 (W) of 2013 and on recommendations of Commissioner of School Education, Government of W.B. vide Memo No. 353/1(1) /15 dated 29.04.2013, while superseding the Managing Committee, I do hereby appoint of Sri Susanta 5 Bisiwas, Assistant Inspector of School ( S.E ) , Hooghly, Dist. Hooghly , office of the D.I. of Schools ( S.E ) ,Hooghly , P.O. & Dist . Hooghly , Pin 712103 to act as Administrator of Kanaipur High School , vill & P.O. Kanaipur, Dist . Hooghly Pin. 712234 for a period of one year from the date of assumption of charge of the school or till completion of the reconstitution of the Managing Committee of the School with the election of office bearers' whichever is earlier or until further order to fill up the administrative vacuum with immediate effect.
The Administrator so appointed shall assume the charge of the school forthwith and exercise powers and perform the functions of the Managing Committee including the power to operate the bank and postal accounts standing in the name of the school.
The Administrator shall take steps towards the reconstitution of the Managing Committee in accordance with the provisions of Management of Recognized Non Govt. institutions (Aided & Unaided) Rules, 1969, as mentioned, from time to time under Govt. Notification No. 855 Edn (s) dated 23.12.80 and instructions issued by the Board from time to time in this regard, within the tenure of his appointment.
The Administrator of the school will also take steps for the formation of staff council and Academic Council as contemplated under Rules 29 and 30 of the Rules for Management of the Recognized Institutions (Aided and Unaided) 1969, as amended, to advise him in the matter of smooth and proper functioning of the institution .
On assumption of the charge the Administrator will send a report on the affairs of the school .
Yours faithfully, Sd. Kalyanmoy Ganguly.
Memo No. 75/Adms/13/15 Copy forwarded for information and necessary action to :
1) The Teacher in Charge, 6 Kanaipur High School, Vill & P.O. Kanaipur, Dist- Hooghly, Pin 712234. ..with a request to extend his cooperation to the newly appointed Administrator.
2) The District Inspector of School ( SE) Serampore Sub Division, P.O. Serampore, Dist- Hooghly.
3) The Commissioner, School Education, Govt of West Bengal, Bikash Bhawan, Salt Lake, Kolkata - 700 091.
4)_ Law Cell, W.B.B.S.E.
4) General Section, W.B.B.S.E
Sd. Kalyanmoy Ganguly,
Administrator.
In view of the above facts and circumstances of this case, no further relief is required to be granted in favour of the petitioner, save and except a direction upon the administrator of the school under reference to issue letter of appointment in favour of the petitioner on the basis of the recommendation made by the West Bengal Regional School Service Commission (Eastern Region) forthwith.
The petitioner shall be entitled to get his remuneration from the date of his actual appointment and his seniority shall be counted notionally from the date on which the selected candidate, whose name appeared just below the name of the petitioner in the merit list, was appointed.
The writ application is, thus, disposed of.
7There will be no order as to costs.
Urgent photosotat certified copy of this order if applied, for be given to the learned Advocate for the parties on compliance of usual formalities.
( Debasish Kar Gupta, J )