Sanjukta Roy v. State Of West Bengal And ORS.

03.05.2024 Item No.13 DL Court No.18 AJ.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 15962 of 2021 with CAN 1 of 2023 Sanjukta Roy -Vs- The State of West Bengal & Ors.

Mr. Anjan Bhattacharyya, Ms. Anita Shaw.

......for the petitioner.

Mr. Bikash Ranjan Bhattacharyya, Senior Advocate, Mr. Kanak Kiran Bandopadhyay, Mr. Soumya Dasgupta, Ms. Tanuja Guray, Mr. Sattwik Majumder, Mr. Riiankar Das.

.....for the applicant (CAN 1 of 2023).

Mr. Shamim ul Bari.

.....for the State.

Ms. Koyeli Bhattacharyya.

....for the WBBSE.

Md. Sarwar Jahan, Mr. Maidul Islam Kayal, Ms. Tapati Sarkar.

....for the respondent nos.8 to 11.

CAN 1 OF 2023 The report as directed by the order dated April 19, 2024 is filed on behalf of the District Inspector of Schools (S.E.), District : Uttar Dinajpur, the respondent no.3 herein, let it be kept with the record.

This is an application filed by the Headmaster of Raiganj Coronation High School, the added respondent for clarification and/or modification of the interim orders dated March 25, 2022 and April 07, 2022.

Mr. Bikash Ranjan Bhattacharyya, learned senior advocate for the applicant/added respondent submits that all the reliefs prayed for in the writ petition have been afforded to the petitioner, as such the writ petition has become infructuous, but some observations made in the orders dated March 25, 2022 and April 07, 2022 are causing hindrance to the functioning of the applicant as the Headmaster of the said school, therefore, those observations need necessary clarification and/or modification.

Mr. Anjan Bhattacharyya, learned advocate for the petitioner does not dispute that the petitioner has obtained all the reliefs prayed for. In view of such development, the writ petition has become infructuous and the interim orders passed in the matter since have been merged with the final order, no clarification and/or modification of the said interim orders is necessary.

However, to avoid unnecessary complications, it is clarified that neither of the observations made in any of the interim orders passed in the matter shall be construed to be an embargo for the applicant/added respondent to act as the Headmistress of the said school, particularly when the respondent no.3 in his report has observed that there is no difficulty if the applicant/added respondent is allowed to

function and discharge his duty as a Headmaster of the school.

WPA 15962 of 2021 and the connected application being CAN 1 of 2023 are disposed of with the above observations without any order as to costs.

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.)