Calcutta High Court (Appellete Side)
Nabinananda Goswami & Ors vs The State Of West Bengal & Ors on 1 August, 2023
Dd 35 01.08.2023
MAT 1109 of 2021
with
I.A NO: CAN 1 of 2021
Nabinananda Goswami & Ors.
Vs.
The State of West Bengal & Ors.
Mr. Biswaranjan Bhakat,
Mr. Satyaranjan Kundu, Advocates
... ... For the Appellants
Ms. Koyeli Bhattacharyya, Advocate
... ... For the WBBSE
Mr. Tapan Kumar Mukherjee, AGP
Ms. Tapati Samanta, Advocates
.. ...For the State
1. We have heard the learned counsel for the
parties.
2. Written instruction of the District Inspector of
Schools (S.E.) Bankura is placed on record.
3. Learned counsel for the appellants submits
that they are similarly placed as that of Prabir Kumar
Ghosh & Ors. vs. State of West Bengal & Ors.
whose prayer for approval to appointment by the DI of
School was initially turned down but restored by the
Hon'ble Supreme Court in SLP(C) No. 27804/2019.
4. Mr. Tapan Kumar Mukherjee, learned AGP
submits that the said order was subsequently clarified
and the decision of the Hon'ble Division Bench in
District The District Inspector of Schools
(Secondary Education) Burdwan & Ors. vs. Addul
2
Barik Shaikh & Ors. (unreported decision dated
6th July, 2018 passed in MAT 1626 of 2017) is
applicable to the facts of the case.
5. Ms. Koyeli Bhattacharyya, learned counsel
representing the West Bengal Board of Secondary
Education has submitted that it is not a Government
aided school and the decision of the DI was justified in
the facts of the case.
6. Learned counsel for the appellants has also
relied upon a decision of the co-ordinate Bench in
Niranjan Sahoo @ Niranjan Sahoo & Anr. Vs. State
of West Bengal & Ors. [FMA 2089 of 2015] in
support of their claim.
7. Learned counsel for the parties have prayed
for adjournment in order to enable to produce the
judgments of the Hon'ble Single Bench and the Hon'ble
Division Bench in of Prabir Kumar Ghosh & Ors.
(supra) and to distinguish the judgments relied upon by
the appellants.
8. State respondents shall also file an affidavit
disclosing all correspondences between the School and
the State Government, Education Department with
regard to granting of recognition of the school within
ten days from date upon prior service to the learned
counsel for the appellants.
9. We feel that the presence of the school is also
necessary. The school shall be added as a respondent
in this appeal. The school may file an affidavit
disclosing all documents in relation to the writ petition
within one week from the date of service of a copy of
the memorandum of appeal and the stay petition.
10. The department is directed to produce the
certified copy of the judgment of the learned Trial Court
as also the Hon'ble Division Bench in of Prabir Kumar
Ghosh (supra) by the adjourned date and the relevant
records of FMA 1497 of 2015.
11. The matter shall stand adjourned for three
weeks. The parties shall file their law notes in the
meantime.
(Uday Kumar, J.) (Soumen Sen, J.)
