Sk Md Afzal And ANR v. State Of West Bengal And ORS.

August 20, 2025 Sl. No.14 Court No.8 s.biswas WPA(P) 543 of 2022 Sk. Md. Afzal and another vs.

The State of West Bengal and others Mr. Firdous Samim Ms. Gopa Biswas Mr. Abdus Salam Mr. Hasanuz Zaman Molla Ms. Ankita Ghosh ... for the petitioner Mr. Supratim Dhar, Sr. Adv.

Mr. Nilotpal Chatterjee Mr. Suddhadev Adak ... for the State Mr. Saibal Acharyya Mr. Tanweer J. Mandal ... for the Chairman, DPSC, Purba Bardhaman Mr. Monish Sen Ms. Oisani Mukherjee ... for the respondent no.11 Mr. Rajarshi Halder Mr. Bikash Goswami Mr. Chirantan Sarkar Mr. Subhrajyoti Datta ... for the respondent no.12

1. The parties are represented through their respective learned counsel.

2. Heard finally with consent.

3. Learned counsel for the petitioner prayed for and granted permission to implead the Commissioner of School Education, West Bengal as respondent no.14. The other side has no objection. Hence, prayer for impleadment is allowed.

4. Let necessary correction be made forthwith.

5. During course of hearing, learned counsel for the parties reached to a consensus. The principal relief claimed in this petition is to stop the operation of Burdwan CMS School K.G. Section, which is running in the lap of Burdwan CMS High

School. Other connected reliefs are also prayed for.

6. Mr. Nilotpal Chatterjee, learned counsel for the State has placed reliance on the report dated 18th March, 2025 filed by the concerned Assistant Inspector of School, Primary Education, District Purba Bardhaman. In addition, the parties placed reliance on another report dated 14th February, 2023 filed by respondent no.10.

7. In view of findings of these reports, it is agreed by all the parties that this PIL may be disposed of with the following directions:

i) The petitioner may file a comprehensive representation with the copy of this order before the Commissioner of School Education, Government of West Bengal within 30 days from today.

ii) If the said representation is preferred along with copy of this order within the aforesaid time before the said Commissioner, the said authority shall hear the affected parties, take their objections and take a final decision in accordance with law expeditiously preferably within 90 days from the date of submission of such objections.

iii) The outcome shall be communicated to the petitioner and all the parties who participated in the proceedings.

8. The PIL is disposed of, without expressing any opinion on the merits of the case.

9. The Registry shall send a copy of this order to the Commissioner of School Education forthwith.

(Sujoy Paul, J.) (Smita Das De, J.)