Biswajit Marick v. State Of West Bengal And ORS.

13.09.2024 AGM In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 23328 of 2024 Biswajit Marick -versus The State of West Bengal & Ors.

Mr. Sudip Sarkar.

Mr. Sukdeb Sarkar.

...For the Petitioner.

Mr. Bhaskar Prasad Vaisya.

Mr. Ranjan Saha.

... For the DPSC, South 24 Parganas.

The petitioner is aggrieved by the act on the part of the District Primary School Council, South 24 Parganas in the manner of preparation of the panel for appointment of Head Teacher on promotion.

It has been submitted that a junior teacher has been posted as Head Teacher in the said school whereas the teacher who is senior has been posted elsewhere. I have perused the Office Order containing the list of teachers prepared for appointment of Head Teacher on promotion. The details of the teachers are also annexed to the writ petition.

On a perusal of the panel it appears that, the same has been prepared by maintaining the seniority as per Rules for appointment of Head Teacher.

According to the Rules, there can be only one Head Teacher in one school. The petitioner cannot claim to be posted at a particular place. The list in question has been prepared following seniority and Head Teachers have been posted in the schools where the post of head teacher is vacant. A teacher does not have a vested right to be posted at a particular school.

In view of the above, the Court does not find any reason to interfere in the instant writ petition. The writ petition fails and is hereby dismissed. Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.

( Amrita Sinha, J.)