Indrajit Saha v. State Of West Bengal And ORS.

04.03.2025 (D/L 15) Ct.-19 (Susanta Samar)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 20387 of 2024 Indrajit Saha -VsThe State of West Bengal & Ors.

Mr. Firdous Samim, Ms. Gopa Biswas, Ms. Sampriti Saha, Ms. Swati Dey, .... For the Petitioner.

Mr. Supriyo Chattopadhyay, Ld. AGP., Ms. Sayantanee Bhattacharjee .... For the State.

Mr. Bhaskar Prasad Vaisya, Ld. A.G.P, Mr. Ranjan Saha, .... For the DPSC (South 24-Parganas).

Mr. Ratul Biswas, Mr. Kaushik Chowdhury, .... For the WBBPE.

Mr. Ranjan Saha, learned advocate for the South 24-Parganas District Primary Council files a report of the Chairman of the said Council dated February 26, 2025, disclosing the details of the pending writ petitions over the issue regarding appointment of Head Teacher in the primary schools under the jurisdiction of the said Council, let it be kept with the record. The said Council had initiated a selection process for recruitment of Head Teacher in the Primary Schools under the said Council.

A Circle wise panel of 44 teachers according to the seniority was prepared. The rank of the petitioner in the said list is 46.

The petitioner is alleging that some of the candidates out of the said 44 empanelled candidates since has not joined, his candidature may be considered.

Mr. Saha, learned advocate for the Council submits that if vacancies have been created due to non-joining of some empanelled candidates the prayer of the petitioner can be considered. Mr. Samim, Learned advocate for the petitioner submits that his client has a pending representation before the Chairman of the said Council, the respondent no. 5 herein, which may be considered.

The said respondent is directed to consider the said representation and in the event if it is found that there is vacancy in the post of Head Teacher occasioned due to non-joining, the same shall be offered to the petitioner.

The drill in this regard be completed within period of four weeks from the date of communication of this order.

W.P.A. 20387 of 2024 is disposed of with the above terms without any order as to costs. Parties to act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)