Citation : 2026 Latest Caselaw 1055 Cal/2
Judgement Date : 17 February, 2026
OD-4 ORDER SHEET
WPO No.59 of 2021
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
SANJAY KUMAR SINGH
VERSUS
THE STATE OF WEST BENGAL & ORS.
BEFORE:
The Hon'ble JUSTICE AMRITA SINHA
Date:17th February, 2026.
Appearance:
Mr. Anjan Bhattacharya, Adv.
Ms. Anita Shaw, Adv.
Ms. Seema Thakur, Adv.
...for the Petitioner.
Mr. Sakti Pada Jana, Adv.
...for the School.
Mr. Bhaskar Prasad Vaisya, Ld. AGP.
Mr. Gourav Das, Adv.
...for the State.
Mrs. Koyeli Bhattacharya, Adv.
Mr. Bibek Dutta, Adv.
Mr. Manas Bhattacharyya, Adv.
...for the W.B.B.S.E.
1.
Upon hearing the submissions made on behalf of all the
parties, it appears that the petitioner is challenging the order
of termination allegedly issued by a defunct Managing
Committee of the School. The petitioner is an unapproved
teacher of the said School.
2. The President of the ad hoc Committee of the West Bengal
Board of Secondary Education passed an order on 15th
November, 2018 appointing an Administrator for
reconstitution of the Managing Committee of the School. The
election of the Managing Committee was last held in the year
2007 and the said Committee got extension from time to time
upto 31st October, 2017. Thereafter, election of the Managing
Committee has not been held.
3. The appointment of the Administrator was challenged before
the Court and the said order stood stayed till the disposal of
the writ petition.
4. The said writ petition along with two other writ petitions was
taken up for consideration by Hon'ble Justice Rai
Chattopadhyay on 8th April, 2025 and argument was started
on the said date.
5. Three writ petitions in respect of the same School is pending
consideration before the said Hon'ble Judge.
6. Here, admittedly, the impugned order of termination has been
passed by the Managing Committee. Whether the said order is
valid in the eye of law or not has to be adjudicated.
7. If the Court opines that the Managing Committee was valid on
the day the order of termination was passed, then the point
raised by the petitioner as regards defunct managing
committee will fall flat.
8. For convenience and also to avoid conflicting judgments in
respect of similar issues, this Bench releases the matter so
that the same may be taken up by the Bench taking up three
other writ petitions in respect of the same school and the same
issue.
9. Let the matter be placed before the Hon'ble the Chief Justice
for necessary assignment.
10. Affidavit of service filed in Court today is taken on record.
11. Original affidavit-in-opposition filed by the school cannot be
traced.
12. The department is directed to reconstruct the same relying
upon the photocopy of the affidavit-in-opposition that has
been filed by the learned advocate representing the school.
13. All parties shall act on the basis of a server copy of this order
duly downloaded from the official website of this Court.
(AMRITA SINHA, J.) nm
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