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Calcutta High Court (Appellete Side)

(A 5) vs The State Of West Bengal & Ors on 15 September, 2023

Author: Abhijit Gangopadhyay

Bench: Abhijit Gangopadhyay

Court No. 17                       WPA 7510 of 2021

15.09.2023

Soumya Saha & Ors.

(A 5) Vs. The State of West Bengal & Ors.

(S. Banerjee) Mr. Soumick Pramanick ... for the petitioners Ms. Lipika Chatterjee ... for the State Mr. Arindam Chattopadhyay ... for the DPSC, Nadia Mr. Saikat Banerjee Mr. Ratul Biswas Mr. Kaushik Chowdhury ... for the WBBPE By an order of the Division Bench in MAT 1023 of 2022 it has been decided that the Upper Primary Para Teachers are not eligible for primary teachers. Here the case of the petitioners is that they are Upper Primary Para Teachers and they should be considered for appointment given for the post of primary teachers.

One of their contentions is that some para teachers of Upper Primary classes have been given appointment and, therefore, the same procedure should be followed in respect of the petitioners.

I direct the West Bengal Board of Primary Education to come up with a list of Upper Primary Para Teachers who have been given appointment because on the basis of this judgement and order passed in MAT 2 2023 of 2022 dated 16th August, 2023 no Para Teacher of Upper Primary is eligible for the post of primary teachers. Therefore, the Upper Primary Para Teachers should be excluded and their service should be terminated even if they are appointed as primary teachers.

Therefore, the list is required for this court to know how many Upper Primary Para Teachers have been given appointment as primary teachers. Such list is to be produced by seven days from date with copy upon the petitioner.

The matter will appear in the list on 22nd September, 2023 for further hearing.

(Abhijit Gangopadhyay, J.)