Calcutta High Court (Appellete Side)
Budhadev Ghosh vs The State Of West Bengal & Ors on 8 September, 2023
08.09.2023 IN THE HIGH COURT AT CALCUTTA
DL-02 CONSTITUTIONAL WRIT JURISDICTION
(Sanjay) APPELLATE SIDE
Ct.no.11
WPA 3577 of 2014
Budhadev Ghosh
Vs.
The State of West Bengal & Ors.
Mr. Mohan Kumar Sanyal,
Mr. Dwaipayan Sanyal,
Mr. Arunesh pathak ...for the petitioner.
Mr. Sk. Md. Galib,
Mr. Gourav Das ... for the State.
CAN 1 of 2023 (Recalling Application)
This is an application for recalling of the order
dated 4th August, 2023 by which the writ petition was
dismissed for default.
Having heard the learned counsel for the parties
and upon perusal of the contents of paragraph 4 and
5 of the application, I am satisfied that sufficient
cause has been shown for not attending the Court on
that day when the matter stood dismissed for default.
Hence, the application being I.A. No.CAN 1 of
2023 is allowed. The order dated 04.08.2023 is
recalled. The writ petition is restored to its original
file and number.
2
WPA 3577 of 2014
The present writ petition has been preferred
praying for a direction upon the concerned
respondents to approve the appointment of the
petitioner as an Assistant Teacher (Bio Science) of the
Gorara Hazi Samsuddin Junion Girls' High
Madrasah, which was subsequently renamed as the
Gorara Hazi Samsuddin Madrasah Siksha Kendra
(hereinafter referred to as the Madrasah).
The facts as unfolded in the writ petition are that
the petitioner graduated in Bio-Science from Kalyani
University in 2006 and he belongs to the Other
Backward Class community.
The Madrasah was established on 1 st January,
1990 by the local people of the area for imparting
education to the poor students of backward
community. In terms of the appointment letter dated
10th June, 2009, the petitioner joined as an Assistant
Teacher in Bio-Science in the Madrasah on 12 th
January, 2009. Since the date of joining, the
petitioner has been rendering his service without any
blemish but his appointment has not been approved
as yet. The petitioner prayed for approval of his
appointment by making representations to the
concerned authority on numerous occasions but
despite receipt of such representations, the authority
concerned maintains deceptive silence and hence, the
writ petitioner has been constrained to prefer this writ
petition.
Mr. Sanyal, learned counsel appearing for the
petitioner, submits that necessary directions may be
given to the concerned authority to approve the
appointment of the petitioner.
Mr. Galib, learned counsel appearing for the
State submits that the matter may be relegated to the
concerned authority to consider and dispose of the
petitioner's representation by passing a reasoned
order.
Having heard the learned counsels for the
respective parties and upon consideration of the
materials on record, the writ petition is disposed of by
directing the respondent no.3 being the Director of
Madrasah Education, Government of West Bengal to
consider the representation of the petitioner after
affording an opportunity of hearing to the petitioner
and the authority of Madrasah Siksha Kendra.
It is clarified that if the representation is decided
in favour of the petitioner, then the respondent no.3
shall take next follow up action but if the decision is
taken against the petitioner, the authority concerned
shall pass a reasoned order and such order must be
communicated to the petitioner. Such exercise must
be completed within a period of eight weeks from the
date of receipt of a copy of this order.
It is further clarified that I have not gone into
the merits of the claim of the petitioner.
With these observations, the writ petition is
disposed of. However, there shall be no order as to
costs.
Urgent photostat certified copy of this judgment
and order, if applied for, be given to the parties on
fulfilling necessary formalities.
(Partha Sarathi Chatterjee, J.)
