SHRI SUBHENDU GHOSH Vs. MD. KAJEM ALI

JUDGEMENT

(1.) Dayanagar Junior High School in the district of Murshidabad was recognized as a "new set up school" by the West Bengal Board of Secondary Education by an order dated February 6, 2001. On July 23, 2001 the Respondents herein filed a writ petition, inter alia, praying for regularization of their appointments as organizing staff in the concerned school. The learned single Judge by judgment and order dated July 23, 2001 disposed of the said writ petition ex -parte by directing the District Inspector of School to send a DLIT Team for inspection within a period of four weeks and submit their report to the Director of School Education. The Education Department in turn was directed to consider the same and send it for ultimate consideration of the Board on the issue of recognition. The order was recalled at the instance of the Respondents/writ Petitioners on August 27, 2001. His Lordship passed a fresh order directing the DLIT Team to inspect the school and submit their report to the District Inspector of School who would take a decision on the issue of approval of the Respondents/writ Petitioners. The writ petition was disposed of. The said order was also passed ex -parte. It further appears that the said order was duly communicated to the District Inspector. The District inspector accordingly sent a SLIT team who submitted their report on October 19, 2001. The Respondents/writ Petitioners were, however, not regularized.

(2.) A contempt application was moved alleging noncompliance of the order dated August 27, 2001 against the then District Inspector of Schools. His Lordship issued Rule of Contempt which was heard and disposed of by judgment and order dated September 15, 2004 impugned in this appeal.

(3.) Prior to disposal of the contempt proceeding His Lordship also appointed an Advocate of this Court as Special Officer to inspect the school and submit a report.