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Calcutta High CourtWPA/9412/2023disposed

Sri Anindya Dasmohapatra v. The State Of West Bengal And ORS.

2023-05-10Hon'Ble Justice Biswajit Basu2 pages

sandip Ct. 18 10.05.2023 W.P.A. 9412 of 2023 Sri Anindya Dasmohapatra Vs.

The State of West Bengal & Ors.

Mr. Piyush Chaturvedi, Mr. Kamal Mishra, Mr. Chittapriya Ghosh ... For the petitioner. Mr. Samim-Ul-Bari ... For the State. Mr. Biswarup Biswas, Ms. Rimpy Mukherjee ... For the respondent no. 7. Affidavit-of-service filed on behalf of the petitioner be kept with the record.

The petitioner has been working as an Assistant Teacher of Bio-Science in Naikundi Arya Mission Junior High School (Boys), District - Purba Medinipur, a minority institution within the meaning of Article 20 of the Constitution of India.

The approval of the appointment of the petitioner is pending and to process the said approval, the District Inspector of Schools (SE), Purba Medinipur, the respondent no. 4 herein, vide his letter dated November 10, 2022 has asked the school authority to submit necessary papers/documents.

The school authority, responding to the said letter has submitted all the papers/documents to the said respondent.

Mr. Chaturvedi, learned counsel for the petitioner submits that though the petitioner has prayed that

the respondent no. 4 be directed to accord approval to the appointment of the petitioner but at this stage, the petitioner is restricting his prayer to a direction upon the said respondent to decide the pending issue of such approval expeditiously.

Mr. Bari, learned advocate for the Staterespondents submits that all endeavour shall be made to dispose of the said issue at the earliest. W.P.A. 9412 of 2023 is disposed of with a direction upon the respondent no. 4 to decide the issue of approval of the appointment of the petitioner in accordance with law, within a period of four weeks from the date of communication of this order. The said respondent, while deciding the said issue, if necessary, shall afford an opportunity of hearing to all concerned and shall allow the parties to submit relevant documents in addition to the papers/documents already furnished by the school authority in this regard.

No affidavit-in-opposition since has been invited, allegations made in the writ petition are deemed to have been denied by the respondents.

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

(Biswajit Basu, J.)