DHRUBAJYOTI ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By filing the present writ petition, the petitioners pray for the issuance of an appropriate order, direction, or writ, more particularly a writ in the nature of mandamus, commanding the concerned respondents to approve the appointment of petitioner nos. 1 to 4 as teaching staff and petitioner no. 5 as non-teaching staff, with effect from 1/1/2021, being the date on which financial aid was granted to Lakshman Chandra Jageswar 4-Class Junior High School (hereinafter referred to as "the School"), followed by the grant of recognition to the said School. Additionally, the petitioners pray for a directive to the respondents to release the salary of the petitioners and arrears of salary w.e.f. 1/1/2021.

(2.) Before addressing the issues raised in the present writ petition, it would be appropriate to advert to the essential facts, as reflected in the writ petition and its annexures, which led to its institution. Those essential facts are as follows:

(3.) The crux of the defence presented by the respondents, as set out in the affidavit affirmed by Respondent No. 3, is that the School Education Department, by its memo dtd. 11/11/2022, sanctioned six teaching posts in favour of the school. However, the school authority neither submitted the requisite documents along with a resolution of the Managing Committee specifying the subject wise vacancies and the register of appointments as per the 100-point roster to the office of the District Inspector of Schools, nor did it initiate any communication with the West Bengal Central School Service Commission or the West Bengal Board of Secondary Education (WBSE) for filling up the said posts. It is further stated that the District Inspector of Schools, by a communication dtd. 4/3/2024, instructed the school authority to submit the necessary documents for initiating the process of filling up the vacant posts.