SUSMITA GAYEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner has challenged an impugned order dated November 19, 2012 issued by the West Bengal Council of Higher Secondary Education (hereinafter referred to as the "Council") directing adverse action against the writ petitioner for allegedly not discharging her duties in evaluating answer scripts of the Higher Secondary Examination conducted in 2012. As a result of such impugned order November 19, 2012, the School Management concerned, which employs the services of the writ petitioner as an Assistant Teacher reacted by prohibiting three financial increments due to the petitioner (amounting to Rs. five thousand per month) from September 2015 onwards and such a prohibition continues as on date.

(2.) When the matter was taken up for hearing on February 2, 2021 and before the Court could have an opportunity to take up this writ petition on merits, Mr. Santanu Kumar Mitra, learned counsel appearing on behalf of the Council raised a preliminary objection on the maintainability of this writ petition on the Original Side of this Court. Mr. Mitra's primary contention for such an objection was the reason that the cause of action arose beyond the territorial limits of the Original Side of this Court as well as the fact that the writ petitioner and none of the respondents arraigned in this writ petition, were subject to the Original Side jurisdiction of this Court.

(3.) Mr. Anjan Bhattacharya, the learned counsel appearing for the writ petitioner, sought to repel such an objection by submitting that such an objection was extremely "technical" in nature and for such reason, should not be entertained by this Court. In furtherance of this submission, Mr. Bhattacharya sought to place his reliance on certain precedents passed by Division Benches of this Court to repel the preliminary objection so pressed and prayed for some accommodation to produce the same. Accordingly, such liberty was granted.