Sk. Samsul Hoda vs The State Of West Bengal & Ors
2021 Latest Caselaw 4095 Cal

 05. 08 . 2021

      BP                           WPA 9673 of 2020
     Sl. 7
Court No. 17
                                  (Via Video Conference)


                                  Sk. Samsul Hoda
                                        Vs.
                             The State of West Bengal & Ors.


                       Md. Sarwar Jahan
                       Mr. Anisur Rahman
                       Mr. Debanshu Ghorai
                                     ..for the petitioner.

                       Mr. Arindam Chattopadhyay
                       Mr. Lipika Chatterjee
                                     ..for the State.

                       Mr. U.S. Menon
                       Mr. Abhirup Chakraborty
                                    ..for the respondent nos. 3 and 4.

Mr. Prantick Ghosh Mr. Siddhartha Sarkar Mr. Hirak Roy ..for the respondent nos. 5 to 8.

This writ application has been filed by the

petitioner in respect of his service in a private school.

Learned advocate for the Central Board of

Secondary Education has raised a point of

maintainability showing one judgment delivered by the

Supreme Court reported in (2015) 17 SCC 353.

Learned advocate for the petitioner has referred

to a judgment delivered by the Supreme Court reported

in (2020) 14 SCC 449 and one judgement of the

Division Bench of this Court passed in MAT 819 of

2019, dismissing the appeal of the private school which

had a question of maintainability of a writ application

against a private school against which one Special

Leave Petition being SLP ( C ) No. 26535/2019 and the

review application connected therewith having Diary

No. 46353/2019 was filed by the school. The SLP was

dismissed and also the review application.

Learned advocate for the North Point Senior

Secondary School relied on a judgment reported in

(2019) 1 CHN 521 passed by a Single Bench of this

Court.

This matter will appear as "For Orders" on 18 th

August, 2021 for deciding the question of

maintainability.

(Abhijit Gangopadhyay, J. )