Milan Kanti Pal v. State Of West Bengal And ORS.

25.11.2025 Court No.18 AGM

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 24881 of 2025 Milan Kanti Pal -versus The State of West Bengal & Ors.

Mr. Sabyasachi Chatterjee.

Mr. Pintu Karar.

Ms. Meghna Chowdhury.

...For the petitioner Mr. Jahar Lal De, AGP Mr. Shamim-ul Bari ...For the State Mr. Rudranil De Mr. Kingsuk Mondal Mr. Soumo Charan ... For the respondent nos.4 & 5 Mr. Partha Sarathi Mondal ... For the respondent no.6 1.

The petitioner was serving as teacher-incharge of the Managing Committee of the School. 2.

There was a physical brawl between the petitioner and the President of the Managing Committee. The same resulted in lodging a First Information Report by the petitioner before the police and a criminal proceeding is pending.

3.

The President of the Managing Committee has been enlarged on bail.

4.

The petitioner made a complaint before the District Inspector of Schools (S.E), South 24 Parganas

praying for taking action against the President of the Managing Committee. Prayer has also been made for appointment of Administrator for running the day to day affairs of the school.

5.

Prayer of the petitioner has been opposed by the learned advocates representing the School and the State respondents.

6.

It has been submitted by the learned advocate representing the school that a counter complaint by the President of the Managing Committee lodged against the petitioner alleging defalcation of fund is pending consideration before the District Inspector of Schools.

7.

Learned advocate representing the District Inspector of Schools submits that the teacher-in-charge does not have the legal right to pray for removal of the President of the Managing Committee.

8.

Be that as it may, it appears that a representation dated 21st September, 2025 by the petitioner is pending consideration before the District Inspector of Schools.

9.

Whether the prayer made by the petitioner can be accepted by the concerned authority is required to be decided by the said authority.

10. The District Inspector of Schools (S.E), South 24 Parganas is directed to consider the petitioner's prayer in accordance with law after giving a reasonable opportunity of hearing to all the necessary parties and by passing a reasoned order at the earliest but positively within a period of twelve weeks from the date of communication of this order.

11. The District Inspector of Schools shall ensure that the day to day activities of the school is not hampered in any manner whatsoever by any of the parties. The students should be given priority and the education of the students ought not to be interfered with or jeopardized.

12. The writ petition stands disposed of.

13. Urgent Photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

(Amrita Sinha, J.)