GORKHALAND TERRITORIAL ADMINISTRATION Vs. THINLEY BHUTIA

JUDGEMENT

(1.) By this appeal, the correctness of the judgement of the Learned Single Judge dtd. 4/11/2022 passed in W.P.A. No 1181 of 2022 (Thinlay Bhutia & Ors-versus-The Gorkhaland Territorial Administration Council & Anr) has been questioned by the appellants (respondents no. 1-2 in the writ petition).

(2.) The brief facts of the case are that the petitioners herein the respondents no. 1-37 are the non- teaching staff, appointed by their respective school authorities against the permanent sanctioned vacant post in their respective schools.

(3.) The West Bengal School Service Commission Act, 1997 while operative for appointing teaching and non-teaching staff in schools, is not applied in the hill region, leading to staffing difficulties. The Hon'ble High Court issued several orders for approving the appointment of long-serving teaching staff against sanctioned vacant posts in Darjeeling schools. Subsequently, the Gorkhaland Territorial Administration (GTA) herein the appellant no.1 formed a verification committee for non-teaching staff. An order issued by the Executive Director, Education Department, GTA herein the appellant no.2, on 11/2/2021, directed the District Inspectors of Schools (SE) in Darjeeling and Kalimpong herein the respondent no. 39 and 40, respectively to verify documents of non-teaching staff, which was conducted on 19th and 20/2/2021, respectively.