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Calcutta High CourtWPA/18665/2025dismissed as infructuous

Mukesh Patra v. State Of West Bengal And ORS.

2025-09-15Hon'Ble Justice Saugata Bhattacharyya3 pages

15.09.2025 Ct. No. 18 adeb W.P.A. 18665 of 2025 Mukesh Patra Vs.

The State of West Bengal & Ors.

Mr. Pritam Choudhury Ms. Chandana Chakraborty ...for the petitioners Mr. Mir Anuruzzaman Ms. Pratima Ghatak ...for the State Ms. Koyeli Bhattacharyya ...for the WBBSE

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

2. In the writ petition suspension order dated 16th July, 2025 issued by the President, Ad-hoc Committee of the West Bengal Board of Secondary Education is challenged. It is submitted that suspension order was not issued in terms of the relevant rules of the West Bengal Board of Secondary Education (Appointment, Confirmation, Conduct and Discipline of Teachers and NonTeaching staff) Rules, 2018.

3. However, learned advocate representing the State respondents has filed a memo dated 25th August, 2025 issued by the Deputy Secretary (Disciplinary Authority) addressed to the

President/Administrator, Mogra High School (HS), Bankura enclosing order dated 22nd August, 2025 issued by the President of the Board. Copy of the said memo dated 25th August, 2025 is taken on record.

4. On perusal of the order dated 22nd August, 2025 it appears cancelling previous suspension order dated 16th July, 2025 new suspension order was issued on 22nd August, 2025. In the present writ petition the suspension order dated 22nd August, 2025 is not questioned since same was issued after writ petition was filed on 12th August, 2025.

5. In view of aforesaid situation present writ petition has become infructuous as suspension order dated 16th July, 2025 has already been cancelled vide subsequent suspension order dated 22nd August, 2025 and second suspension order dated 22nd August, 2025 is not questioned in this writ petition.

6. Hence, writ petition stands dismissed as infructuous. But this order shall not preclude the petitioner to question suspension order dated 22nd August, 2025 in accordance with law.

7. Copy of the suspension order dated 22nd August, 2025 is made over to the learned advocate representing the petitioner by the learned advocate representing the State respondents.

8. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)