← Library
Calcutta High CourtWPA/8049/2024dismissed

Belma Sri Sri R N High School (Hs) And ANR. v. State Of West Bengal And ORS.

2025-08-26Hon'Ble Justice Saugata Bhattacharyya3 pages

26.08.2025 Court No. 18 Item No. 423 (ML) (Suvendu) WPA 8049 of 2024 Belma Sri Sri R N High School (H.S.) & Anr.

-VersusThe State of West Bengal & Ors.

Mr. Surya Prasad Chattopadhyay Mr. Satya Ranjan Kundu .....for the petitioners Mr. Swapan Banerjee Mr. Diptendu Narayan Banerjee ....for the State Ms. Koyeli Bhattacharyya Mr. Bibek Dutta .....for the WBBSE Mr. Ashis Kumar Paul Ms. Kaberi Ghosh ......for the respondent nos. 11 & 12

1) Affidavit of service filed on behalf of the petitioners is taken on record.

2) Petitioner no. 2 is the President of the Managing Committee of a Government aided school who has made allegations against the private respondents that those respondents have kept certain important documents of the school with them as a result whereof administration of the school is facing impediment in running the school.

3) However, from the submission made by learned advocate representing the petitioner it appears that respondent no. 11 was erstwhile President

of the Managing Committee of the school and respondent no. 12 is retired Headmaster of the school who superannuated in 2021. Hence, it appears that employer employee relationship so far respondent no. 12 is concerned was severed in 2021 due to superannuation. Therefore, today based on allegations leveled against respondent no. 12 mandamus cannot be issued in order to protect the interest of the school. Furthermore, respondent no. 11 was erstwhile President of the Managing Committee of the school who is no way connected with the administration of the school at present. Therefore, representation which has been made before the concerned respondent authorities making allegations against respondent nos. 11 and 12 cannot be delved into at this belated stage by the authority. If petitioners are aggrieved by the acts and actions of respondent nos. 11 and 12 leave is granted to them to take steps in accordance with law. On this writ petition no relief can be granted to the petitioner.

4) Hence, writ petition stands dismissed.

5) There shall be no order as to costs.

6) Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Saugata Bhattacharyya, J.)