Bhimpore Santal High School (H.S.) v. The State Of West Bengal And ORS.
20.06.2025 rkd Ct.18 W.P.A. 11350 of 2025 Bhimpore Santal High School (HS) -vsThe State of West Bengal & Ors.
Mr. Kamalesh Bhattacharyya, Mr. Kamal Mishra ....for the petitioner.
Mr. Biswabrata Basu Mallick, Mr. Sayan Ganguly ....for the State.
Affidavit of service filed on behalf of the petitioner is taken on record.
Petitioner school prayed for approval from the concerned State respondents for initiating selection process by publication of advertisement against several teaching and non-teaching posts.
While considering the representation of the petitioner dated 28th November, 2024 District Inspector of Schools (SE), Paschim Medinipur being respondent no.3 requested the petitioner to submit certain documents in order to take decision on the prayer of the petitioner to grant approval for initiating selection process against teaching and non-teaching posts as delineated in the representation dated 28th November, 2024.
In support of the case made out in this writ petition seeking direction upon the State respondents
to permit the petitioner school to initiate selection process order passed by a coordinate Bench dated 3rd June, 2014 passed on the writ petition being WPA 36062 of 2013 is relied upon.
On behalf of the State respondents it is submitted by Mr. Basu Mallick, learned Additional Government Pleader that present Pupil Teacher Ratio of the petitioner school is 20:1. However, if documents are submitted in terms of memo dated 9th December, 2024 respondent no.3 shall take decision on the prayer of the petitioner school.
Order relied upon on behalf of the petitioner school in support of the case made out in this writ petition dated 3rd June, 2014 passed in WPA 36052 of 2013 does not come in aid of the petitioner school since relying upon judgment dated 11th April, 2014 passed in WPA 3762 of 2014 same order was passed. In the judgment dated 11th April, 2014 issue was decided by the coordinate Bench in the backdrop of fact that the school was upgraded as a result whereof staff pattern of the school was changed.
The case which is at my hand is different considering the fact situation which was considered by the coordinate Bench in the judgment dated 11th April, 2014.
In this writ petition though there is no
upgradation of the petitioner school but prayer is made for grant of approval which would permit the petitioner school authority to initiate fresh selection to fill up certain posts of teaching and non-teaching staff. Therefore, Court finds at this stage steps which have been taken by the respondent no.3 is not required to be interfered with.
Leave is granted to the petitioner school to submit relevant documents in terms of memo dated 9th December, 2024 before the said respondent no.3. If documents are submitted within reasonable time it is expected that respondent no.3 shall take steps in accordance with law by taking decision which is to be communicated to the petitioner school. The writ petition stands disposed of.
Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.
(Saugata Bhattacharyya, J.)