Ananda Chandra Biswas And ORS. v. The State Of West Bengal And ORS.

28.08.2025 Ct. No. 18 adeb W.P.A. 17165 of 2025 Ananda Chandra Biswas & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Goutam Dey Mr. Dibyendu Bhattacharya Mr. Prateep Bera Ms. Ankita Ghosh ...for the petitioners Mr. Subhrajyoti Ghosh Ms. Sudipa Sengupta ...for the respondent no. 7

1. Affidavit of service filed on behalf of the petitioners is taken on record.

2. Petitioners are claiming to be teaching and non teaching staff of Haritala Tarakdas Vidyapith (HS) Nadia (hereinafter referred to as 'said school') who have questioned prior permission based on which selection process was initiated for filling up the post of Assistant Headmaster in the said school.

3. It is submitted by the learned advocate for the petitioners that particular roll strength is required in high school as well as in higher secondary school for sanctioning the post of Assistant Headmaster and the condition relating to roll strength of the said school is not fulfilled though State authorities issued prior permission thereby permitting the said school authority to fill up the post of Assistant Headmaster on sanctioning the said post of Assistant Headmaster.

4. Learned advocate representing the present teacher-incharge of the said school being respondent no. 7 has opposed the writ petition and it is submitted that recruitment notification was issued on 21st July, 2025 inviting applications from eligible assistant teachers for conducting interview in order to prepare a panel to fill up the post of Assistant Headmaster. Panel was prepared after completing the selection process and same has already been submitted before the District Inspector of Schools (SE) Nadia being respondent no. 5 seeking approval. It is also submitted that petitioner nos. 1 and 5 participated in the selection process by offering their candidature pursuant to recruitment notification dated 21st July, 2025 and suppressing their participation in the selection process they have filed this writ petition along with other teaching and non-teaching staff questioning prior permission relating to the post of Assistant Headmaster of the said school.

5. Having considered the submissions made on behalf of the parties this Court is at a loss as to how petitioners being teaching and non-teaching staff of said school are affected due to prior permission issued by the concerned State authorities permitting the said school authority to fill up the post of Assistant Headmaster.

If post of Assistant Headmaster is filled up the school as well as its

students will be benefited. Therefore, this Court does not find any logic in laying challenge against the prior permission issued by the State authorities permitting the said school authority to fill up the post of Assistant Headmaster.

6. Moreover, petitioner nos. 1 and 5 participated in the selection process conducted by the said school authority for the post of Assistant Headmaster and on preparation of panel when they found that their names do not feature in the said panel, they filed this writ petition along with other teaching and nonteaching staff. Participation of petitioner nos. 1 and 5 in the selection process is not disclosed in this writ petition. It transpires having found that they are unsuccessful in the selection process they made an attempt to frustrate the selection process by questioning prior permission.

7. Hence, writ petition stands dismissed.

8. District Inspector of Schools (SE) Nadia being respondent no. 5 is directed to decide the fate of the panel which has been submitted by the said school authority within a reasonable time.

9. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.)