Mahendra Singh Biswakarma v. Gorkhaland Territorial Administration Council And ORS

D/L 58 22.04.2025 Court No.02 PRADIP CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE SIDE WPA 812 of 2025 Mahendra Singh Biswakarma Vs.

Gorkhaland Territorial Administration Council & Ors. Mr. Ekramul Bari Mr. Sk. Imtiaj Uddin Ms. Rishita Chakraborty Ms. Deblina Ray ... for the Petitioner.

Ms. Supriya Singh ...for the GTA.

Mr. Subir Kumar Saha, Ld. AGP Ms. Bedashruti Bose ...for the State.

1. Affidavit of service filed in Court today is taken on record.

2. The appointment of the petitioner as teacher-in-charge stood approved by the District Inspector of Schools (SE) G.T.A Darjeeling on 3rd September, 2024. Despite the same, the name of the petitioner has not been included in the list of headmaster/headmistress in respect of different secondary schools in Darjeeling and Kalimpong district under the territorial jurisdiction of Gorkhaland Territorial Administration.

3. A representation has been made by the petitioner which is pending consideration at the end of the Executive Director, Education Department of Gorkhaland Territorial Administration.

4. As the prayer of the petitioner appears to be pending consideration before the Education Department of

Gorkhaland Territorial Administration being the respondent no. 2 herein, accordingly, the instant writ petition is disposed of by directing the aforesaid respondent to consider the prayer of the petitioner in accordance with law and in light of the approval letter issued by the District Inspector of Schools (SE) G.T.A Darjeeling annexed at Page-21 of the writ petition at the earliest but positively within a period of eight weeks from the date of communication of this order.

5. If the authority finds the petitioner to be fit to be included in the list of headmaster/headmistress, a decision in this regard shall be taken and communicated to all parties.

6. If the petitioner's claim is admitted, then consequential steps shall be taken by the Gorkhaland Territorial Administration.

7. The writ petition stands disposed of.

8. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)