Citation : 2023 Latest Caselaw 7073 Cal
Judgement Date : 12 October, 2023
A-121 12.10.2023 WPA 21726 OF 2019
Sc Ct. no.22
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Anjana Sarkar nee Pal Vs.
The State of West Bengal & Ors.
Ms. Devjani Sengupta Ms. Paulomi Ghosh Mr. Prabhat Tapan Banerjee ....For the petitioner Mr. Pinaki Bhattacharya ....For the Respondent
Ms. Devjani Sengupta, learned counsel appears for
the petitioner.
Mr. Pinaki Bhattacharya, learned counsel appears
for the respondent nos. 1 and 7.
The issue agitated in this writ petition has already
travelled before the appellate authority of the West Bengal
Board of Secondary Education in Appeal No.06 of 2017.
The final order and judgment was passed by the appellate
authority on June 19, 2018. This writ petition is in
effect to implement and execute the said final order
and judgment of the appellate authority dated June
19, 2018. The said order of the appellate authority has
not been challenged and, as such, has achieved its
finality.
In view of the above, the respondent no.7 is
directed to hold a meeting with the respondent nos. 8, 9
and 10 upon issuing a prior notice of at least five days to
the respondent nos.8, 9 and 10 intimating the date, time
and venue of the meeting and then shall resolve the issue
by implementing the said order of the appellate authority
dated June 19, 2018. Everyday, at the conclusion of
the meeting, a minute has to be drawn up to be
signed by the respondent no.7 and the representative
of the school. Finally, the respondent no.7 shall take all
necessary and consequential steps to implement and give
effect to the said final order and judgment dated June
19, 2018 at page 153 to the writ petition.
The entire exercise, as directed above, shall be
carried out and completed by the respondent no.7
positively within a period of five weeks from the date of
communication of this order.
After completion of the exercise, as directed above,
the respondent no.7 shall file a compliance report in
the form of an affidavit before this Court appending all
the minutes and the final result on the issue.
The school authorities shall cooperate with the
respondent no.7 in every respect without any default.
There shall be no unnecessary adjournment of the
meetings.
The respondent no.7 shall also communicate the
final result to the petitioner in writing within a period of
two weeks from the last date of meeting, as directed
above.
ACO The writ petition shall appear under the heading
"For Orders" on January 8, 2024.
(Aniruddha Roy, J.)
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