CHHABI AUDDY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ application was allowed by a substantial order of 13th February, 1991 but on 17th June, 1991 the Headmaster functioning as Rector and the Secretary of the Hari Har Maha Vidyalaya at Ghutiari Sharif moved an application for variation/recalling/setting aside/ modification of the said order of 13th February, 1991. In my Judgment of 13th February, 1991, I directed the District Inspector of Schools (S.E.), South 24-Parganas, to forthwith grant approval as a full-time Assistant Teacher to the petitioner, Smt. Chhabi Auddy, and also directed the School authorities including the Headmaster (Rector) of the School to take immediate steps to appoint the petitioner as a full-time Assistant Teacher of the School, and also waive the age bar, if any. But on the basis of the application of 17th June, 1991 where allegations was made that the order was taken at the back of the School authorities and by suppressing of facts I kept in abeyance my order of 13th February, 1991.

(2.) The recalling or vacating application moved by the Respondents Nos. 4 and 5 i.e. the Headmaster (the Rector) and the Secretary of Hari Har Maha Vidyalaya specifically alleged that no copy of the writ application was served upon the petitioners and the School authorities do not know the grounds on which the writ petition was filed. It is the specific case of the petitioner that from 1981 the Education Directorate approved ten full-time and ten part-time posts of teachers in various subjects and one part-time Teacher Suchismita Mukherjee is working in the School since 1976 being approved as such to teach Bengali by Memo dated 30th January, 1984 issued by the D.I.S. concerned. The writ petitioner Smt. Chhabi Auddy was appointed sometime in 1982 as a part-time Assistant Teacher in Bengali and she was approved as part-time Teacher in Bengali by the D.I.S. concerned by Memo dated 20th December, 1982. An additional post was created for Schedule Caste and in 1985 one Aurobinda Naskar who was M.A., B.Ed. was appointed full-time Teacher in Bengali to fill in the additional post and he is working since 1985 as such with the approval of the D.I.S. It is the specific case of the School that the Managing Committee moved the, D.I.S. to sanction full-time posts for English, Political Science, Philosophy and Commerce subjects but no step has been taken as yet and the study of the students is suffering. It is alleged by the School authorities that the petitioner takes only six/seven classes per week in Bengali whereas Suchismita Mukherjee takes ten/twelve classes per week. It is the further case of the School that Smt. Chhabi Auddy is irregular and not punctually discharging her duties nor follows the routine. The School is of the view that if at all any part-time Teacher is to be made full-time it should be Suchismita Mukherjee and no one else. It is specifically denied on behalf of the School that the School is in need of a second Teacher in Bengali and this plea taken by the writ petitioner is said to be wholly false and baseless.

(3.) The School authorities no doubt have made some cogent points which were not before the Court when the order of 13th February, 1991 was because the application was moved without notice to the School authorities. Now a substantial picture has emerged out and for the ends of justice the matter must be decided afresh so that conscionable justice be done and justice should not only be done but one must feel the justice has been done. In that view of the matter I allow the application dated 17th June call the order passed ex parte on 13th February, 1991