KOHINOOR KHATUN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By this writ petition the petitioner has inter alia prayed for a writ in the nature of Mandamus commanding the respondents to show cause why the order dated November 28, 2006, passed by the Director of School Education, West Bengal should not be set aside and why the respondents should not be directed to accord approval of the appointment of the petitioner as the Headmistress of the concerned school and for other reliefs.

(2.) The case of the petitioner inter alia is that the organizing managing committee of the Haji Md. Ali Junior High School within the district of Malda appointed the petitioner as an organizing teacher. The concerned authorities accepted the school for the purpose of according recognition as a 4-Class Junior High School and finally the West Bengal Board of Secondary Education by a memo, dated April 25, 2000 granted recognition on and from May 1, 2000 and the appointments of the assistant teachers were also approved. Subsequently the appointment of the petitioner was approved as the Teacher-in-Charge of the school by the District Inspector of Schools by a Memo, dated May 8, 2003. But she was not given the designation of the Headmistress of the school. The Secretary of the school by a letter dated August 1, 2003 intimated the petitioner that for getting the designation of Headmistress five years' experience was necessary. On April 25, 2005 the Secretary of the school made a prayer before the District Inspector of Schools (SE), Malda, for approval of appointment of the petitioner as the Headmistress.

(3.) The petitioner's first writ petition challenging a communication by the District Inspector of Schools was disposed of by an order, dated March 15, 2006 by a learned single judge directing the Director of School Education to take a decision and pass a reasoned order. Pursuant to the said order the Director of School Education had given a hearing to the petitioner.