Uttaran Biswas v. State Of West Bengal And ORS.
RVW 308 of 2023 ItemCAN 1 of 2024 05-04-2024 1.
CAN 2 of 2024 In MAT 60 of 2023 Ct. 8 sg Uttaran Biswas
Versus
State of West Bengal & Ors.
Mr. Apurba Kumar Ghosh, Adv.
Mrs. Annyasha Chakraborty, Adv.
Mr. Rudranil Ghosh, Adv.
...for the petitioner Mrs. Koyeli Bhattacharyya, Adv.
...for the W.B.B.S.E.
1. The affidavit of service filed in Court is taken on record. In Re: CAN 1 of 2024
2. This is an application for condonation of delay. There is a delay of 4 days in referring the appeal.
3. Sufficient cause being shown for not being able to present the memorandum of appeal within the stipulated period of time, the delay of 46 days in filing the present appeal is condoned and the prayer for condonation of delay is allowed.
4. CAN 1 of 2024 is, thus, disposed of.
In Re: RVW 308 of 2023 with CAN 2 of 2024
5. This is an application for review of the order dated 14th September, 2023. In view of the order under review, we have directed West Bengal Board of Secondary Education to consider the prayer for extraordinary leave without pay upon hearing all the parties and dispose of the matter within 8 weeks from the date of communication of this order by either
of the parties by a reasoned order.
6. Pursuant to our order, the President, Ad-Hoc Committee, West Bengal Board of Secondary Education, disposed of the matter by passing an order dated 10th November, 2023 with the following observation:
"In view of my above observation, I, President, Ad-hoc Committee of WBBSE, am pleased to dispose of the matter by directing the petitioner, Sri Uttaran Biswas, the Headmaster and President of Taranghati High School, District- North 24-Parganas, to determine the exact period of absence at a joint sitting and forward the letter of application of Extraordinary Leave of Sri Uttaran Biswas for the determined period along with the Resolution of Managing Committee sanctioning the Extraordinary Leave for the determined period to the Deputy Secretary (General Section) and Deputy Secretary (Law Cell) at the earliest for consideration. Order be issued accordingly for information of all concerned."
7. The application for review was filed on 22nd December, 2023 after the matter was disposed, although, it appears that no final decision could be taken as both the petitioner and the school did not furnish required information.
8. The learned Counsel for the petitioner submits that the period of absence is during the period of covid which fact is required to be taken into consideration.
9. We find that the President, Ad-Hoc Committee, could not take a final decision in absence of record and passed the aforesaid direction upon the petitioner and the school. 10.Under such circumstances, we dispose of the review application by directing the petitioner and the school to act in
accordance with the directions passed by the President, AdHoc Committee. 11.The authority concerned is required to consider the issues with regard to extraordinary leave on the basis of the materials to be disclosed pursuant to the observation and direction passed by the President, Ad-Hoc Committee.
12. With the above observation, RVW 308 of 2023 is, accordingly, disposed of.
13.CAN 2 of 2024 also stands disposed of.
14.The petitioner is directed to communicate this order to the School authority for information and compliance. (Soumen Sen, J.) (Partha Sarathi Sen, J.)