Mahua Mukhopadhyay v. The State Of West Bengal & ORS

OD-8 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE WPO/140/2018 MAHUA MUKHOPADHYAY

VERSUS

THE STATE OF WEST BENGAL & ORS

BEFORE:

The Hon'ble JUSTICE RAJASEKHAR MANTHA Date : 2nd August, 2022 Appearance:

Mr. Anjan Bhattacharya, Adv.

Ms. Anita Shaw, Adv.

... for the petitioner.

Mr. Sakti Pada Jena, Adv.

Mr. S. Das, Adv.

... for the School.

Mr. Sirsanya Bandapadhyay, Adv.

Ms. Tapati Samanta, Adv.

... for the State.

The Court :- The writ petitioner is aggrieved by an order dated 13th November, 2017 passed by the D.I. of Schools, Kolkata. By the impugned order, the request for approval of the petitioner as a teacher of the school has been declined, inter alia, on the ground that the teacher-student ratio does not permit the same. This Court finds that the order was passed after giving due hearing to the petitioner and in terms of an order of a Co-ordinate Bench dated 15th December, 2016 passed in WPO/1051 of 2017.

This Court does not find any procedural irregularity in the order in question. There are sufficient reasons available in the order for non-approval of the petitioners and the requirement to follow the process of normal appointment

and approval in terms of the Government's Circular dated 25th July, 2008 has been discussed. The requirement of teachers in the school has also been discussed.

In that view of the matter the impugned order does not call for any interference.

WPO/140/2018 shall stand dismissed.

Interim order, if any, shall stand vacated.

No order as to costs.

(RAJASEKHAR MANTHA, J.) S. Chandra/mg.