Ghulam Mohammad v. State Of West Bengal And ORS.

March 22, 2022 Sl. No.23 Court No.1 SG/s.biswas WPA (P) 181 of 2021 Ghulam Mohammad vs.

The State of West Bengal and others Mr. Apzal Ansari, Ms. Afreen Begum, Advocates ... for the petitioner Mr. Swapan Banerjee, Mr. Sougata Mitra, Advocates ... for the State Mr. Syed E. Huda, Advocate ... for the respondent No.7 Affidavit-in-opposition filed on behalf of the respondent No.2 is taken on record.

In this public interest petition the petitioner who is a teacher working in Iqra Model Academy SSK, a State aided educational institution, has challenged the appointment of respondent No.7 as teacher on the ground that the said respondent has suppressed the material fact about the criminal antecedents. In the petition some doubt has also been expressed about the D.El.Ed Degree of the said respondent.

On perusal of the petition, we find that it is purely a service dispute which is sought to be raised by way of public interest litigation, which is not permissible in view of the judgment of the Supreme Court in the matter of Madan Lal versus High Court of Jammu and Kashmir and others reported in 2014 (15) SCC 308.

Hence, no ground is made out to entertain the petition which is accordingly dismissed.

WPA (P) 181 of 2021 However, the dismissal of the petition will not close the other remedies which may be available to the petitioner in accordance with law.

[Prakash Shrivastava, C.J.] [Rajarshi Bharadwaj, J.]