Kaimari Junior H.S. And ANR v. Manish Jain The Principal Secretary Dept. Of School Edu Gov. Of W.B.

29.11.2024 (D/L-2) Ct. No.4 (Naba) C.P.A.N. 1073 of 2024 Kaimari Junior High School & Anr.

Vs.

Mr. Manish Jain, the Principal Secretary, Department of School Education, Government of West Bengal In F.M.A. 330 of 2022 Kaimari Junior High School & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Soumo Majumdar, Mr. Debabrata Mondal, Ms. Sreetama Neogi ... for the Petitioners.

1. Heard the learned Counsel for the petitioners. None appears for the State.

2. The petitioners have approached this Court alleging that the order of the Principal Secretary School Education Department dated 04.03.2024 passed in purported compliance of the Court's order passed by a coordinate Bench in F.M.A. 330 of 2022 is actually not in compliance with the same. Prayer has been made for initiating contempt proceedings against the respondent authorities for their wilful and deliberate defiance of the Court's order passed in F.M.A. 330 of 2022.

3. We find from the reasoned order that the same has taken into consideration, the three observations of

the Court contained in the said order. Whether while considering these three parameters, the decision which has been taken is correct, and legally sustainable or not, however is an issue which the petitioners would be at liberty to raise in an appropriate forum.

4. Reserving the petitioners' liberty to do so, we find that no contempt is made out. The application is, accordingly dismissed.

(Madhuresh Prasad, J.) (Supratim Bhattacharya, J.)