Calcutta High Court (Appellete Side)
Cni Girls Primary School (Metiabruz) vs The State Of West Bengal & Ors on 13 June, 2024
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
13.06.2024.
Court No. 13
Item No. 16
ap W.P.A. No. 10818 of 2024
CNI Girls Primary School (Metiabruz)
Versus
The State of West Bengal & Ors.
Mr. Kamalesh Bhattacharya,
Mr. Aninda Bhattacharya.
...For the petitioner.
Ms. Anjusri Mukherjee,
Mr. Ashok Kumar Sarkar.
...For the State.
1.Supplementary affidavit and affidavit-of-service filed in Court today are taken on record.
2. The petitioner is a Christian Minority School under Articles 30 and 33 of the Constitution of India. They are governed by the Special Rules for recruitment of Christian Minority Institution in the year 2016.
3. Sometime in the year 2021, the School with a view to fill up six vacant approved posts of teachers (the vacancies arose much earlier) sent a panel of six teachers after following the selection process for approval by the District Inspector of Schools (PE), Kolkata.
4. The District Inspector of Schools (PE), Kolkata approved the service of five of such teachers. The approval of the sixth teacher, namely, Rina Mondal has, however, been kept pending till date. The said Rina Mondal was recruited against the vacancy created by the retirement of one Karuna Tudu. 2
5. The petitioner has made repeated representations and lastly on 21st February, 2024 to the School Education Department, Government of West Bengal for approval of the recruitment of Rina Mondal which is pending disposal.
6. In those circumstances, this Court directs the Commissioner of School Education, West Bengal (in short 'CSE') to forthwith consider and dispose of the petitioner's representation dated 21st February, 2024 that was addressed to the Secretary, School Education Department, Government of West Bengal within a period of one month from the date of receipt of a copy of this order.
7. The School and/or Rina Mondal shall be heard through their authorized representatives and be entitled to produce all records and documents.
8. The CSE shall hear the petitioner and/or their representatives on 27th June, 2024 at 2:00 P.M.
9. Let a reasoned order be passed and communicated to the petitioner within a period of two weeks thereafter.
10. With the aforesaid directions, the instant writ petition shall stand disposed of.
11. There will be no order as to costs.
12. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.
(Rajasekhar Mantha, J.) 3