The State Of West Bengal & Ors vs Ar Kalidhan Banerjee & Ors
2023 Latest Caselaw 7555 Cal

Calcutta High Court (Appellete Side)

The State Of West Bengal & Ors vs Ar Kalidhan Banerjee & Ors on 5 December, 2023

08      05.12.2023                      FMA 821 of 2017
Ct-08                                            with
                            I.A No. CAN 1 of 2017(Old CAN No. 2241 of 2017)

                                   The State of West Bengal & Ors.
                                                 Vs.
ar                                    Kalidhan Banerjee & Ors.

                        Mr. Supriyo Chattopadhyay
                        Mr. Rezaul Hossain
                                    ... For the Appellants

                        Mr. Ranjit Kumar Jaiswal
                        Mr. Nandalal Pradhan
                                         ... For the Respondents

1. We have heard the learned counsel appearing

for the parties.

2. We are not impressed by the submission

made on behalf of the appellants that the

petitioners did not supply the required documents

for which the processing the application of the

petitioners could not be completed. In fact, the

Commissioner of School Education in its letter

dated 17th January, 2017 requested the Chairman,

District Primary School Council, Hooghly to send

necessary information as sought in the Memos

dated 2nd February, 2016 and 19th February, 2016

in addition to the queries made in the said letter.

3. The appeal is pending for a considerable

period of time. Most of the petitioners would have

retired by this time. Although they have the

requisite qualification. They have not been

appointed.

4. Under such circumstances, we direct the

Chairman, District Primary School Council,

Hooghly and the Commissioner of School

Education to be personally present on 20th

December, 2023 to explain their conduct and the

reason for not following the matter after 17th

January, 2017. In the event, we find that they

have deliberately and willfully violated the order of

the Court, we may pass appropriate direction in

this regard.

5. It appears that on 7th June, 2017 learned

counsel for the parties have been directed to supply

the certified copy of the judgment of the Hon'ble

Supreme Court on the basis of which the impugned

order was passed by the learned Single Judge on

25th January, 2016. We also take note of the fact

that the Chairman of the Council in its letter dated

8th January, 2014 admitted that the writ

petitioners are all trained candidates and in view of

the judgment rendered by the High Court as well as

the Hon'ble Supreme Court they ought to have

been appointed as primary teachers. In fact, the

letter dated 8th January, 2014 would show that the

Chairman of the Hooghly District Primary School

Council has requested the Commissioner,

Directorate of School Education (Primary Branch)

is required to send the names of the writ

petitioners enclosed in a separate sheet to the

Commissioner of School Education for further

necessary action. However, no attempt was made

to take further steps in this regard.

6. A detailed affidavit shall be filed with regard

to the steps taken by the authority concerned for

approval and appointment of the petitioners in

terms of the order passed by the learned Single

Judge on the adjourned date along with the letter

dated 8th January, 2014.

7. Let this matter appear on 20th December,

2023.

 (Uday Kumar, J.)                       (Soumen Sen, J.)