Nitya Nand Ojha vs The State Of West Bengal & Ors
2026 Latest Caselaw 1056 Cal/2

Calcutta High Court

Nitya Nand Ojha vs The State Of West Bengal & Ors on 17 February, 2026

Author: Amrita Sinha

Bench: Amrita Sinha

 OD-5                                ORDER SHEET

                                  WPO No.60 of 2021
                         IN THE HIGH COURT AT CALCUTTA
                            Constitutional Writ Jurisdiction
                                   ORIGINAL SIDE

                                     NITYA NAND OJHA
                                         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. Tapan Kumar Mukherjee, Sr. Adv.
                                                                            Ld. Addl. Govt. Pleader.
                                                           Mr. Somnath Naskar, Adv.
                                                                 ...for the State-Respondents.

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 8 th 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. 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.)

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