ALAUDDIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Let the affidavit-of-service and supplementary affidavit to this writ application filed by the petitioner be kept on record. This writ application is filed by the petitioner assailing a resolution dated January 28, 2013 adopted in the meeting of the Managing Committee of Toryal High School, P.O. Toryal District-Uttar Dinajpur, for appointment of the respondent No. 15 as Teacher-in-charge of the above school as also the steps taken on the basis of the above resolution.

(2.) The petitioner was appointed as Assistant Headmaster of the school under reference with effect from January 24, 2006 as also was subsequently approved by the respondent No. 3 under his Memo No. 107 dated February 15, 2006. Recently the post of Headmaster of the school in question became vacant due to the retirement of the Headmaster of the institution with effect from January 31, 2013. By virtue of the impugned resolution the Managing Committee of the school under reference decided to appoint the respondent No. 15 as Teacher-in-Charge of the above school.

(3.) A preliminary objection is raised by Mr. Rabi Sankar Chattopadhyay, learned Advocate appearing on behalf of the respondent Nos. 5 and 6, with regard to maintainability of this writ application. According to Mr. Chattopadhyay, the appeal committee created under the provisions of the West Bengal Secondary Education Act 1963 is the forum for approaching at the first instance in this case in accordance with the provisions of sub-section (3) of Section 22 of the above Act.