Tulsighata Jagatbandhu Institute (H.S.) v. State Of West Bengal And ORS.
19.11.2024 Court No. 18 Item No. 19 (Suvendu) WPA 21810 of 2024 Tulsighata Jagatbandhu Institution (HS), represented by its Secretary namely Swami Sadananada -VersusState of West Bengal & Ors.
Mr. Sankar Prasad Dalapati Mr. Tamal Taru Panda ........for the petitioner Mr. Suman Sengupta Mr. Dwaipayan Basu Mallick .......for the State Affidavit of service filed on behalf of the petitioner is taken on record.
By presenting this writ petition, inter alia, petitioner being Secretary of Tulsighata Jagatbandhu Institution (HS) (hereinafter referred to as the "said school") has prayed for sanction of three posts of Assistant Teachers and one post of Group D staff in the said school in view of upgradation of the school from Junior High School to High School vide memo dated 26th June, 2014.
In support of such submission, reliance has been placed on memo dated 11th March, 2020 issued by the District Inspector of Schools (SE), South 24 Parganas whereby recommendation has been made for sanctioning four posts (3+1) in favour of the said
school and the issue is pending before the Commissioner of School Education for pretty long time. Petitioner prays for necessary direction for decision to be taken by the Commissioner of School Education based on recommendation made by the concerned District Inspector of Schools (SE).
State respondents are represented by learned advocate who has submitted that since the issue is pending before the Commissioner of School Education steps are required to be taken by the concerned authority for deciding whether school is entitled to get sanction of aforesaid four posts or not.
Having considered the respective submissions made on behalf of the parties and taking note of the recommendation made by the concerned District Inspector of Schools (SE) as contained in memo dated 11th March, 2020, the Commissioner of School Education, West Bengal being respondent no. 2 is directed to pass a reasoned order and to decide the issue relating to sanctioning four posts, one for the post of Group -D and three for the post of Assistant Teacher, in favour of the said school within a period of eight weeks from the date of communication of this order and the decision to
be taken by the respondent no. 2 shall be communicated to the petitioner by two weeks thereafter.
Since no affidavit is called for, the allegations contained in the writ petition are deemed not to have been admitted.
With the above observations and directions, writ petition stands disposed of. There shall be, however, no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.
(Saugata Bhattacharyya, J.)