Amzad Hossain And ANR v. State Of West Bengal And ORS.

13.02.2023 (D/L-11) Ct.-18 (Susanta) W.P.A. 4373 of 2022 Amzad Hossain & Anr.

-Vs- The State of West Bengal & Ors.

Mr. Sankar Prasad Dalapati, Mr. Satyajit Mahata, Mr. Asumdipta Santra, .... For the petitioners.

Mr. Supriyo Chattopadhyay, Ms. Tapati Samanta, .... For the State.

Walk-in-interview for the engagement of Guest Teachers and Non-Teaching Staffs in Government Model School, Harirampur (English Medium) and Government Model School, Kushmandi (English Medium) was notified on January 26, 2021.

The petitioners are alleging that the respondent nos. 5 & 6 having lesser qualification than the petitioners have been given appointments. Mr. Supriyo Chattopadhyay, learned Senior Government advocate submits that the appointments were made through the Public Service Commission, as such the writ petition disputing the correctness of such appointments is not maintainable before the High Court. The proper forum is the State Administrative Tribunal.

It appears from an appointment letter of a Guest Teacher, annexed with the writ petition at

page 23 that the tenure of such appointment is till the attainment of the age of 65 years or joining of a regular teacher from the PSC, whichever is earlier. The argument of Mr. Chattopadhyay gets support of the said document.

W.P.A. 4373 of 2022 is, therefore dismissed without any order as to costs.

This order, however shall not prevent the petitioners from taking appropriate measures in accordance with law for redressal of their grievance before the appropriate forum.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)