Usthi United Primary Teachers Welfare Association (Uuptwa) And ANR v. The State Of West Bengal And ORS.

22.08.2024.

PB Sl. No.15.

Ct. No.14.

In The High Court At Calcutta Constitution Writ Jurisdiction Appellate Side WPA 18445 of 2024 Usthi United Primary Teachers' Welfare Association & Anr.

Vs The State of West Bengal & Ors.

Mr. Sudipta Dasgupta, Ms. Sagarika Goswami.

......for the petitioners.

Mr. B. P. Vaisya, Mr. Suman Dey.

......for the DPSC, Bankura.

Mr. Ratul Biswas, Mr. Kaushik Chowdhury.

.....for the WBBPE.

Mr. Rezaul Hossain.

....for the State.

Affidavit-of-service filed in Court today is taken on record.

The petitioner no.1 is a registered association of Primary Teachers of West Bengal. The association alleges that notices are forwarded to other associations by the District Primary School Council, Bankura, but no such notice is forwarded to the association of the petitioner no.1.

Prayer has been made for a direction upon the respondent authorities to forward copy of the notices by the Council to the petitioner association if the same is forwarded to any other association(s).

Learned advocate representing the State respondents has obtained instruction from the Additional Secretary, School Education Department signed on 22nd August, 2024 which mentions that there is no provision of law in the School Education Department to entertain the prayer of the petitioner for recognizing the petitioner no.1 as a Primary Teachers' Association.

Learned advocate representing the DPSC, Bankura relies upon the instruction forwarded by the Chairperson on 29th July, 2024 mentioning that there is no available Government Order indicating the procedure for inclusion of any teachers' organization under any DPSC. The DPSC does not have any enlisted teacher organization.

The document relied upon by the petitioner in support of the submission that notice is served upon other organizations is being done since many years past. The way of their inclusion is not known and there is no document available on record as to how

the organization's name has been included in the notices issued by the Council.

From the submission made on behalf of the parties, it appears that there may not be any available Government Order for recognization of the association. The association is registered under the Societies Registration Act.

The Council may put up all notices meant for the public or for the teachers in their official website and/or in the official notice board of the Council. If any individual communication is made to any association/ organization, then copy of the same shall be marked to the petitioner no.1 also. If no individual communication is made to any of the organizations/association, then there is no requirement of serving any individual notice upon the association of the petitioner no.1.

In case of open notices in the website or the official notice board published by the authority, the petitioners association will also be permitted to participate in the programme.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J.)