Piyali Chakraborty v. State Of West Bengal And ORS.

10.12.2025 Sl. No.17 Ct. No.14 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 16890 of 2025 Piyali Chakraborty

Versus

The State of West Bengal & Ors.

Mr. Debajyoti Deb Mr. Pabitra Biswas ...for the Petitioner Mr. Bhaskar Prasad Vaisya, Ld. AGP Mr. Sagnik Chatterjee ... for the State Mr. Pratik Dhar, Sr. Adv.

Ms. Madhurima Sarkar ... for the Madrasah Service Commission 1.

Affidavit of service filed on behalf of the petitioner is taken on record.

2.

By the present writ petition, the petitioner seeks for cancellation and/or withdrawal/setting aside of the resolution of Managing Committee dated 22nd July, 2014 of suspension as well as order of suspension dated 14th August, 2014.

3.

The petitioner contends that she joined as an Assistant Teacher in D.B.S. Junior High Madrasah for Girls (Unit-II), at Dogachi, District Murshidabad and subsequently, she was made the teacher-in-charge of the said institution. The petitioner detected corrupt and illegal practice in implementation of midday meal plan scheme in the said Madrasah. For such detection,

the Managing Committee of the said Madrasah started to threaten her. The petitioner made an application for her transfer on 29th April, 2013 and subsequent thereto several reminders were made seeking such transfer. However, no steps have been taken. The petitioner was prevented by sufficient cause from attending the school. In the meantime, the Managing Committee suspended the petitioner vide its order dated 14th August, 2014. On 14th May, 2025, the petitioner made representation before the Secretary, West Bengal Madrasah Service Commission, respondent no.3 for re-instatement and for setting aside the order of suspension, which has not been considered and disposed of as yet. Hence, this writ petition.

4.

Mr. Debajyoti Deb, learned Advocate appearing on behalf of the petitioner seeks that the matter may be relegated to the respondent no.3, the Secretary, West Bengal Madrasah Service Commission for consideration of the petitioner's representation dated 14th May, 2025, in accordance with law.

5.

Mr. Pratik Dhar, learned Senior Advocate appearing on behalf of the Madrasah Service Commission submits that such representation be relegated to the appropriate authority for taking a decision on the matter.

6.

In view of the above, the writ petition being WPA 16890 of 2025 is disposed of by directing the

respondent no.3, the Secretary, West Bengal Madrasah Service Commission to consider the representation of the petitioner dated 14th May, 2025, in accordance with law upon notice to the petitioner as well as other interested parties and pass a reasoned order within a period of six weeks from the date of communication of this order.

7.

The reasoned order shall be communicated to the petitioner within one week from the date of passing of such reasoned order.

8.

Petitioner is directed to communicate this order to the respondent no.3, the District Inspector of Schools (SE), Birbhum.

9.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

10. Interim order, if any, stands vacated.

11. All connected applications, if any, stand disposed of.

12. There shall be no order as to costs.

13. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

14. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)