Antara Roy (Das) v. State Of West Bengal And ORS.
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(DL) (DL) 03.04.2025 03.04.2025 Ct. No. 18 (ARPAN) W.P.A. 2003 of 2025 Antara Roy (Das) Vs.
The State of West Bengal & Ors.
With W.P.A. 1143 of 2025 Antara Roy (Das) Vs.
The State of West Bengal & Ors.
Mr. Biswarup Bhattacharyya, Adv Mr. Sanjib Das, Adv ...for the Petitioner Mr. Vimal Kumar Shahi, AGP Mrs. Kakali Naskar, Adv ...for the State In WPA 2003 of 2025 Mr. Supriyo Chattopadhyay, AGP Mr. Manoj Kumar Mondal, Adv ...for the State In WPA 1143 of 2025 Dr. Sutanu Kumar Patra, Adv Ms. Supriya Dubey, Adv ...for W.B.C.S.S.C Ms. Koyeli Bhattacharyya, Adv (Via VC) Mr. Bibek Dutta, Adv ...for W.B.B.S.E Mrs. Subhra Nag, Adv ...for School Authority Mr. Subir Sanyal, Sr. Adv Mr. Sakti Pada Jana, Adv ...for Respondent No.12 In WPA 2003 of 2025 Both the writ petitions are taken up for consideration when Mr. Bhattacharyya, learned advocate representing the petitioner in both the writ petitions has submitted that petitioner does not want to proceed with the matter in view of order passed by the President, Adhoc Committee, West Bengal Board of Secondary Education dated 28th March, 2025. Copy of the order
dated 28th March, 2025 of the President of the Board is placed before this Court and same is taken on record. However, such submission made on behalf of the petitioner is opposed by Mr. Sanyal, learned Senior Advocate representing respondent no.12 in WPA 2003 of 2025.
On perusal of the order dated 28th March, 2025 passed by the President of the Board, it appears based on Managing Committee resolution dated 24th March, 2025 of Satashi High School, Howrah, President has taken decision to drop the disciplinary proceedings which were decided to be initiated against the petitioner and to cancel the two memoranda dated 8th January, 2025 and 11th February, 2025.
In view of the order dated 28th March, 2025 passed by the President of the Board, it appears that grievance of the petitioner stands redressed. Hence, both the writ petitions stand disposed of. One communication dated 1st April, 2025 which learned advocate has received from the petitioner with regard to withdrawal of the petition is placed before this Court and same is also taken on record.
Respondent no.12 in WPA 2003 of 2025 is at liberty to take steps, in accordance with law.
Dr. Patra, learned advocate representing West Bengal Central School Service Commission has submitted that Commission has received the vacancy report which was forwarded by the District Inspector of Schools (S.E.), Howrah vide memo dated 5th March, 2025. However, it is submitted on behalf of the Commission that at present, vacancy of head of the institution of the aforesaid school cannot be filled up on recommendation of the Commission since last panel which was prepared by the Commission for filling up the post of Headmaster of school has expired and unless new selection process is initiated and concluded, further recommendation for the post of Headmaster cannot be made. It is also submitted that the concerned State authority however is empowered to fill up the post of head of the institution of the aforesaid school on exercising power under Section 10(c) of the West Bengal School Service Commission Act, 1997.
Considering the submission made on behalf of the Commission, this Court grants leave to the concerned State authorities to exercise power under Section 10(c) of the West Bengal School Service Commission Act, 1997 for filling up the post of Headmaster/ Headmistress in Satashi High School, Howrah.
Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.
(Saugata Bhattacharyya, J.)