Ct. 8 Goaltore High School (S.E.) vs Sabitri Mahata & Anr
2023 Latest Caselaw 7063 Cal

                                              MAT 2044 of 2023
Item-67.                                       CAN 1 of 2023
           12-10-2023

  sg                                 Debasish Paine, Teacher-in-Charge
             Ct. 8                   Goaltore High School (S.E.)
                                                  Versus
                                         Sabitri Mahata & Anr.

                            Mr. Kallol Basu, Adv.
                            Mr. Soumyajit Ghosal, Adv.
                                                 ...for the appellant
                            Mr. Rudra Nil Dey, Adv.
                            Mr. Lalratan Mondal, Adv.
                            Mr. Dilipn Kmar Sadhu, Adv.
                                                 ...for the respondent no.1

1. Affidavit of service filed in Court today is taken on record.

2. The appeal is arising out of an order dated 5 th October, 2023

by which the District Inspector of Schools has been directed

to approve the appointment of the petitioner immediately and

the matter has been fixed on 16th October, 2023 under the

heading "To Be Mentioned".

3. It appears that contemnor no.2, claiming to be a teacher-in-

charge of the school, raised certain issues with regard to the

selection process. Admittedly, the school was all along a

party in the various writ petitions filed by the petitioner and

the private respondent. The present appellant had the liberty

to raise such issue in the pending proceedings which he has

not raised.

4. Now, it is contended that the order by which implementation

has been sought for was a product of fraud. The petitioner

has not approached either the learned Single Judge or

Hon'ble Division Bench for recalling of the order. No review

application was admittedly filed. The matter is pending since

2013 and was set at rest in March 2023. The Hon'ble

Division Bench affirmed the judgment of the Learned Single

Judge in June 2023 and the Special Leave Petition was also

withdrawn in July 2023.

5. In view of the aforesaid fact, we feel that the learned Single

Judge was justified in not entertaining any plea for not

implementing the order. Under such circumstances, we do

not find any reason to interfere with the order passed by the

learned Single Judge. The appeal and the connected

application are dismissed.

6. The learned Counsel for the petitioner has submitted that the

leave may be given to the petitioner to apply for review

and/or recalling of the order passed by the Hon'ble Division

Bench.

7. We do not wish to make any observation in this regard. It

was for the appellant to decide and take appropriate steps.

However, we make it clear that we are not interfering with

the order passed by the learned Single Judge.

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