Pranab Pramanik v. State And ORS

02.08.2022 Court No.13 Item No.11 sp WPA 23437 of 2010 Pranab Pramanik Vs.

The State of West Bengal & Ors.

Mr. Ekramul Bari, Ms. Tanuja Basak, Sk. Imtiaj Uddin ...for the petitioner The petitioner challenges an order dated May 13, 2010, passed by the Deputy Secretary to the School Education Department, holding that the school in question cannot appoint non-teaching staff for the reasons already stated therein. Various issues, inter alia, the West Bengal School Recruitment of Non-Teaching Staff Notification dated December 26, 2005, and the West Bengal Schools (Control of Expenditure) Act, 2005, has been considered in the impugned order.

Mr. Ekramul Bari, learned counsel appearing for the petitioner submits that the said notification has been interfered with by a Co-ordinate bench of this Court in the case of Managing Committee, Mohiary Ranibala Kundu Chowdhury Balika Vidyalaya Vs. State of West Bengal, reported in 2010 SCC Online Cal 2230.

This Court is of the view that the issue raised in the writ petition may have become infructuous by

efflux of time and in light of any new policy and guidelines that may have been adopted by the State. In any event, the issue has been dealt with by a Co-ordinate bench of this Court in the case of Managing Committee, Mohiary Ranibala Kundu Chowdhury Balika Vidyalaya (supra).

With the aforesaid observations, the instant writ petition is disposed of without any order. There shall be no order as to costs.

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

(Rajasekhar Mantha, J.)