Lalita Masat (Chakrovorty) vs The State Of West Bengal & Ors
2021 Latest Caselaw 6381 Cal

Item No.20


                         In The High Court At Calcutta
                          Constitutional Writ Jurisdiction
                              (via video conference)
16.12.2021
  Ct-24
                               WPA 7593 of 2020
                           Lalita Masat (Chakrovorty)
                                        v.
                         The State of West Bengal & Ors.
                                       with
                                  CAN 1 of 2020


                   Mr. Fazle Rabi
                            ... for the petitioner.

                   Mr. Ranjan Saha
                            ... for the State respondents.

Mr. Subir Sanyal Ms. Sumita Sen ... for the Council.

Mr. Raja Saha Ms. Arpita Saha Mr. Sanjoy Mukherjee ... for the Commission.

The petitioner prays for a direction upon the

respondent authority for issuance of the letter of

appointment in her favour.

It appears from the submission made on behalf of

the parties and the instruction forwarded by the District

Primary School Council, Birbhum that the Chairman of

the Council vide a communicating Memo No.

BDOSC/GEN/1258/21 dated February 4, 2021

forwarded the case of the petitioner to the Commissioner

of School Education for approval if deemed fit.

Learned advocate for the Council submits that

thereafter no communication was made from the end of

the Commissioner of School Education.

As it appears that the Commissioner of School

Education is yet to take a decision with regard to the

communication made by the Chairman of the Council

way back in February 2021, accordingly the writ petition

is disposed of by directing the Commissioner of School

Education being the respondent no. 2 herein to take a

decision with regard to the communication made by the

Chairman of the Council on February 4, 2021 in

accordance with law and in the light of the judgment

passed by the Hon'ble Supreme Court on January 24,

2019 in Civil Appeal No. 1071 of 2019 arising out of

SLP(C) No. 29518 of 2016 at the earliest, but positively

within a period of ten weeks from the date of

communication of a copy of this order.

The said respondent shall pass a reasoned order

and communicate the same to the petitioner immediately

thereafter.

The petitioner is directed to forward a copy of the

communicating memo dated February 4, 2021 issued by

the Chairman, Birbhum District Primary School Council

to the Commissioner of School Education at the time of

communicating the order of this Court.

The instruction given by the learned advocate for

the Council is retained with the records.

The writ petition and the connected application

stands disposed of.

Urgent photostat certified copy of this order, if

applied for, be given to the parties after completion of all

legal formalities.

Sh                                (Amrita Sinha, J.)