Udayan Maitra v. State Of West Bengal And ORS.

24-02-2026 Item No.13 Subrata Bhattacharyya AR(C) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side WPA No.27054 of 2025 Udayan Maitra -vsThe State of West Bengal & Ors.

Mr. Syamal Kumar Das Ms. Krishna Yadav Ms. Bushra Neshat ...for the petitioner Mr. Malay Singh Mr. Neelam Singh ...for the State Ms. Saswati Chatterjee ...for the Board 1.

The petitioner's prayer for grant of approval of his service is pending consideration at the end of the Commissioner of School Education.

2.

Learned counsel for the petitioner submits that similarly circumstanced persons have been provided approval of appointment, whereas the petitioner's case has been ignored.

3.

Prayer has been made to direct the respondents to approve appointment of the petitioner from the date of recognition of the school, i.e. December 20, 2002, and other ancillary relief.

4.

Learned counsel for the State relies upon the instruction forwarded by the District Inspector of Schools (SE), Nadia wherefrom it appears that there is only one sanctioned post for clerk in the school.

One candidate has already been appointed against the said sanctioned post. As on date, there is no vacancy in the school where the petitioner can be appointed or his service may be approved.

5.

Be that as it may, as it appears that the petitioner's representation is pending consideration at the end of the Commissioner of School Education, accordingly, the instant writ petition is disposed of by directing the Commissioner of School Education to consider such representation strictly in accordance with law at the earliest but positively within a period of twelve weeks from the date of communication of this order.

6.

The Commissioner of School Education shall afford opportunity of hearing to the petitioner, the school authority and the representative of the DI of Schools at the time of consideration of the petitioner's prayer.

7.

The order passed by the Court on May 2, 2024 in WPA No.6713 of 2016 in the matter of Ruksona Begam & Ors. vs. The State of West Bengal & Ors. shall also be taken into consideration at the time of passing the final order in the matter. A reasoned order shall be passed and communicated to the petitioner.

8.

If the prayer of the petitioner is allowed, then necessary consequential steps shall be taken without any delay.

9.

The writ petition is disposed of.

10.

All parties are to act on the server copy of this order duly downloaded from the official website of this Court.

11.

Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]