PAPIYA MUKHERJEE Vs. WEST BENGAL BOARD OF SECONDARY EDUCATION RESPONDENTS AND OTHERS
LAWS(CAL)-2012-1-485
HIGH COURT OF CALCUTTA
Decided on January 20,2012

Papiya Mukherjee Appellant
VERSUS
West Bengal Board Of Secondary Education Respondents And Others Respondents

JUDGEMENT

JYOTIRMAY BHATTACHARYA,J. - (1.) In spite of service none appears on behalf behalf of the School Authority at the time when this matter is called on for hearing.
(2.) The petitioner claims that she was appointed as a part-time teacher in the Commerce stream against a sanctioned post in the Higher Secondary Section of Kanchrapara Indian Girls' High School on 15th June, 2000. She further claims that such appointment was given to her on the basis of the permission granted by the West Bengal Council of Higher Secondary Education on 11th July, 1990. She further claims that she is still serving the said institution as a part-time teacher continuously till date. Since the petitioner has been rendering her service in the said school, though on a contractual and/or temporary basis continuously for a period of more than ten years, she now claims regularisation of her service in the sanctioned post. Fact remains that the petitioner has not submitted any formal application and/or representation before the concerned authority for regularisation of her service against the sanctioned vacancy. Unless such prayer is made by the petitioner before the concerned authority, in my view, her prayer cannot be considered by the concerned authority.
(3.) Under such circumstances, this Court disposes of this writ petition by permitting the petitioner to submit a comprehensive representation seeking regularisation of her service in the sanctioned vacancy in the said school before the Director of School Education, West Bengal, within two weeks from date and in the event such representation is submitted by the petitioner before the Director of School Education within the time as aforesaid, the Director of School Education will consider the petitioner's said representation in the light of the decision of the Hon'ble Supreme Court in the case of State of Karnataka and Ors. v. M. L. Kesari and Ors. reported in (2010)9 SCC 247 and take the ultimate decision thereon by passing a reasoned order after giving a reasonable opportunity of hearing to the petitioner and the School Authority. Such decision should be taken by the concerned authority within twelve weeks from the date of submission of such representation by the petitioner. The concerned authority is directed to intimate its decision to the petitioner and the School Authority immediately thereafter.;


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