DEBRAJ SARKAR Vs. STATE OF W.B. & OTHERS
LAWS(CAL)-2006-11-92
HIGH COURT OF CALCUTTA
Decided on November 28,2006

Debraj Sarkar Appellant
VERSUS
State Of W.B. And Others Respondents

JUDGEMENT

Jayanta Kumar Biswas, J. - (1.) The petitioner is alleging that four undisclosed reasons the authority of Kabi Keshablal Vidyapith (HS), Bongaon has not been taking steps for appointing the headmaster in the institute though the vacancy arose as back as on July 31, 2002. He says that being an assistant teacher in the institute he is aspiring to serve it as the headmaster, provided after participating in the selection process and taking the test he is selected by the school service commission.
(2.) Counsel points out that the seventh respondent has been working in the institute as the teacher in charge. He says that apparently because of a case filed by the seventh respondent seeking his appointment to the post of headmaster by way of regularization, the authority of the institute has not been taking necessary steps for sending the vacancy report to the district inspector of schools concerned. Counsel for the institute submits that apprehension of the petitioner is not correct.
(3.) He says that since the memo sanctioning the post of headmaster was not available, the authority of the institute requested the authorities to supply copy thereof. He says that the authority of the institute has been taking necessary steps for sending vacancy report to the district inspector of schools. He, however, questions the locus standi of the petitioner to move this writ petition. According to him no enforceable legal right of the petitioner has been infringed and hence he is not entitled to seek a writ.;


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