MD. JAHANGIR LASKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition is to challenge the impugned inaction of the respondent authorities in not regularising the service of the petitioner in the school as an assistant teacher, from the date of his joining.

(2.) At a remote area of Sundarban in South 24 Parganas District, the respondent school is situated. Vide Memo dated March 7, 1996, the said school was upgraded as a higher secondary school, in the academic year 1996-97, with a rider that the Institution shall not be allowed to introduce any subject for which it has got no qualified teacher on payroll. The subjects which could be introduced from the current session were Bengali, English, Political Science, History, Philosophy and Economics. For introduction of any other subject instead of those specified, it has been directed that the Council should be approached.

(3.) The school authority introduced subjects as above vide order dated March 7, 1996. Classes in Philosophy subject were introduced from the academic session 1996-97 by initially appointing one teacher by the Managing Committee, namely Sri Subhas Mondal. Shri Mondal has subsequently left the school. Also, the number of students in Philosophy subject increased. Hence, the Managing Committee took a resolution on November 7, 1996, to appoint the present petitioner as a temporary teacher in Philosophy subject, with effect from November 8, 1996.