Samuel Sarkar vs The State Of West Bengal & Ors
2022 Latest Caselaw 745 Cal

22. 02. 2022
W
     BP
    Sl.81                        WPA 19205 of 2021
Court No. 17
                               (Via Video Conference)


                              Samuel Sarkar
                                     Vs.
                           The State of West Bengal & Ors.


                     Mr. Shuvro Prokash Lahiri
                                    ..for the petitioner.

                     Mr. Pinaki Dhole
                     Mr. Suman Dey
                                        ..for the State.

                     Mr. Sanjay Kumar Baid
                                 ..for the respondent nos. 6 to 11..

Dr. S.K. Patra Ms. Supriya Dubey ..for SSC.

The parties have fairly submitted that the

impugned order at page 51 of the writ application

(Annexure P-7) cannot stand as it is against the law

and the order of the Division Bench reported in (2008) 4

Cal LT 390 and therefore, this order may be set aside.

Considering the submissions of both the parties,

I set aside the order of the District Inspector of Schools

(SE), Kolkata dated 10th August, 2021 and as prayed for

by both the parties, for relegation of the matter to the

concerned District Inspector of Schools who is directed

to consider the matter afresh keeping in mind the

judgments of the Division Bench as aforesaid.

I direct the concerned District Inspector of

Schools to give a hearing to the parties within a period

of three weeks from date of communication of the order

and to pass a reasoned order thereon by one week

thereafter. The reasoned order to be passed by the DI is

to be communicated to the parties.

With this direction, this writ application is

disposed of.

(Abhijit Gangopadhyay, J. )

Rul