- (1.) Let affidavit in opposition to the application for stay, filed on behalf of the respondent no. 1, be kept on record.
(2.) By consent of the parties, the appeal is taken up for hearing, treating the same as on day's list, dispensing with all the formalities.
(3.) This appeal has been preferred against the order dated 24th April, 2015 passed in W.P. no. 5207(W) of 2015 (Chandan Adhikary vs. State of West Bengal and Ors.), whereby the writ petition was allowed at the motion stage by passing the following order:- "Grievance of the petitioner in this writ application is that, although his case was recommended by the Chairman of the Primary School Council, the Commissioner of School Education have not yet granted approval. Learned counsel appearing for the petitioner submits that on scrutiny of records and also considering the fact and circumstances of this case Commissioner of School Education have recommended petitioner's case. Commissioner of School Education is to grant approval. Learned counsel submits that this court has already held that once the applicant's case is recommended by the Chairman of the Council, the Commissioner of School Education is obliged to approve the same. Learned counsel referred the judgement of this court reported in (Soumik Dandapath Vs. State of West Bengal, 2012 1 CalHN 60 ). Learned counsel submits that the issue has already been decided. Therefore, impugned decision of the Commissioner of School Education is to be set aside by this court. Learned counsel appearing for the State submits that the concerned Commissioner of School Education has rejected the case of the petitioner. She however, submits that the decision is lawful. She prays for time to file affidavit-in-opposition. I have considered the submissions made on behalf of the respective parties. The judgment cited by the learned counsel for the petitioner wherein it was held that once the case of the applicant is recommended by the Chairman of the Council, the Commissioner has no other option but to approve the same. The ratio of that judgment clearly applies in the facts and circumstances of this case. Therefore, the order impugned passed by the Commissioner of School Education is not at all sustainable and as the imagined order is set aside. The Commissioner of School Education is directed to approve the case of the petitioner within two weeks from the date of communication of this order and to send his approval to the Chairman of the Council who is also directed to issue appointment letter in favour of the petitioner. Writ petition is, thus, allowed.";