Priyanka Bagdas v. The State Of West Bengal And ORS.

D/L -29 09.01.2025 Court. No. 3 Aritra In the High Court at Calcutta Circuit Bench at Jalpaiguri Appellate Side WPA 2374 of 2024 Priyanka Bagdas Vs.

Gorkhaland Territorial Administration Council & Ors.

Mr. Ekramul Bari Mr. Sk. Imtiaj Uddin Ms. Rishita Chakraborty ....for the petitioner Ms. Supriya Singh Mr. Ved Rai ....for respondent/GTA Mr. Hirak Barman Mr. Momenur Rahaman ....for the State 1.

In support of the instant writ petition Mr. Bari, learned advocate for the writ petitioner at the very outset draws attention of this Court to page Nos.22 to 25 of the instant writ petition being Annexure P3 whereby and whereunder a co-ordinate Bench by its order and judgment dated 12/05/2023 as passed in WPA 1202 of 2022 directed the respondent Nos.1 to 4 therein to approve the appointment of the present writ petitioner subject to condition that the writ petitioner must fulfil other requisite criteria to be appointed in the post in which she has been appointed on temporary basis and also on condition such appointment was against a permanent sanctioned post.

2.

On perusal of the order dated 14/11/2024 as passed in this writ petition it reveals that a report was called for from GTA with regard to the number of sanctioned post for Assistant Teacher in English in Kumidini Homes Higher Secondary School and how many of such posts are vacant. 3.

In course of hearing learned advocate appearing on behalf of the GTA draws attention of this Court to the report dated 22/11/2024 as submitted by D.I of Schools (SE), GTA, Kalimpong enclosing a report dated 19/11/2024 as submitted by Headmaster of Kumidini Homes Higher Secondary School, Kalimpong. From the said report it would reveals that number of sanctioned posts for Assistant Teacher in English in the said school is 4 and at present 2 posts are vacant in the said category. 4.

In view of such this Court finds no predicament on the part of the respondent No.2 and 4 to approve the appointment of the writ petitioner as an Assistant Teacher in English in Kumidini Homes Higher Secondary School.

5.

Accordingly, while disposing of the instant writ petition this Court directs the respondent Nos.2 and 4 to carry out the order dated 12/05/2023 as passed in WPA 1202 of 2022 in its letter and spirit by regularizing the appointment of the writ petitioner as Assistant Teacher in English in Kumidini Homes Higher Secondary School subject to the condition that the petitioner must fulfil all other requisite criteria for appointment as an Assistant Teacher as prayed for.

6.

The entire exercise as indicated in the foregoing paragraph is to be completed both within a month from today. 7.

Learned advocate for the State and learned advocate for the GTA are requested to communicate the server copies of this order to the respondent No.2 and 4 respectively forthwith for their immediate compliance.

8.

The respondent No.2 and 4 are directed to act on the server copy of this order.

9.

It is made clear that the time limit as fixed by this Court is mandatory and peremptory.

10. With the aforementioned observation the instant writ petition being WPA 2374 of 2025 is disposed of.

11. Urgent Photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all necessary formalities.

(Partha Sarathi Sen, J.)