RANJANA TAMANG Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) None appears on behalf of the respondent Nos. 3, 4 and 6 in spite of service of copies of this writ application upon them. Let affidavit of service filed in Court today be kept on record. This writ application is filed by the petitioner to take a decision in the matter of her appointment in the post of an Assistant Teacher of respondent No. 6 against permanent vacancy. A representation dated October 31, 2013 submitted by the petitioner to the Chief Executive, Gorkhaland Territorial Administration, District -- Darjeeling (annexure 'P 2' at page 22 of this writ application), amongst others, is still pending.

(2.) Having heard the learned counsel present before this Court today as also after considering the relevant provisions of the Gorkhaland Territorial Administration Act, 2011, I find that the Gorkhaland Territorial Administration is the appropriate authority to take a decision in respect of the above representation of the petitioner. The provisions of Sub-Section (V) of Section 26, Clause (a) of Sub-Section (1) of Section 40 and Sub-Section (1) of Section 55 are quoted below:--

(3.) After considering the aforesaid provisions, I find that the Gorkhaland Territorial Administration is the competent authority to take a decision in the matter of School Education and general responsibility for financial and executive administration vests upon the Chief Executive of the Gorkhaland Territorial Administration for which fund should be allotted for the purpose of holding the same by the Gorkhaland Territorial Administration in trust for the purpose of Gorkhaland Territorial Administration Act, 2011.