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Calcutta High CourtWPA/4/2021disposed

Prolay Kumar Shit v. State Of West Bengal And ORS.

2021-01-12Hon'Ble Justice Shekhar B. Saraf2 pages

12.01 W.P.A. 04 of 2021 Prolay Kumar Shit -VersusThe State of West Bengal & Ors.

Ct.

No.

akb Mr. Mr. Kamalesh Bhattacharya Mr. Kamal Mishra Mr. Abhijit Basu ...For the Petitioner Ms. Chaitali Bhattacharya ...For State Respondents Ms. Koyeli Bhattacharya ...For Respondent Board This is an application under Aricle 226 of the Constitution of India wherein the writ petitioner is aggrieved by the inaction on the part of the District Inspector of Schools (SE), Paschim Medinipur with regard to the nonconsideration of the representation dated December 21, 2020 made by the petitioner, who is an Administrator of Bhimpore ABM Santal Girls' High School, Bhimpore, Paschim Medinipur.

Ms. Chaitali Bhattacharya, learned Counsel appearing on behalf of the State respondents submits that the Admiistrator has no substantive legal right to continue as an Administrator for all time to come, and therefore, the Writ Court should interfere.

I have heard learned Counsel appearing on behalf of the parties and perused the materials placed on record. In my view, there is existence of disputes between the Administrator and the Teacher-in-Charge and the District Inspector of Schools (SE) should look into the issue and pass a reasoned order.

In the light of the same, the District Inspector of Schools (SE), Paschim Medinipur is directed to grant an opportunity of hearing to the petitioner and the Teacher-in-

Charge, and thereafter, pass a reasoned order within a period of four weeks from the date of communication of this order. The concerned District Inspector of Schools (SE) is further directed to communicate the reasoned order to the petitioner and other relevant parties within a week from the date of passing such reasoned order.

With the above observation, this writ petition is disposed of.

Since, no affidavit-in-opposition has been called for, the allegations made in the writ petition are deemed to have not been admitted by the respondents.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties, on priority basis. ( Shekhar B. Saraf, J.)