SWASTIK RAI Vs. STATE OF WEST BENGAL AND ORS.
LAWS(CAL)-2018-7-380
HIGH COURT OF CALCUTTA
Decided on July 26,2018

Swastik Rai Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

SHEKHAR B.SARAF,J. - (1.) This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the inaction on the part of the respondent authorities in appointing him as a permanent Assistant Teacher in accordance with law. It is the petitioner's case that he was initially appointed as Computer Teacher in Bagrakote H.S. School in the year 2013 and subsequently in the year 2016 he has been appointed as a voluntary teacher in English subject. He has made several representations for being made a permanent teacher. The petitioner submits that he is amongst the 200 people who are omitted by the Gorkhaland Territorial Administration while recommending the names of 503 teachers to the West Bengal Central School Service Commission.
(2.) The petitioner prays that his representation dated February 23, 2018 (Annexure 'P/8 to the writ petition) made to be concerned parties be considered by the appropriate authority.
(3.) Mr. Mrinal Kanti Ghosh, Counsel led by Ms. Chaitali Bhattacharya, appearing on behalf of the State submits that there is no breach of any statutory right that the petitioner has challenged for appointment as an Assistant Teacher. He further submits that the order passed by this Court on January 29, 2013 had directed the Gorkhaland Territorial Administration to take a decision in the matter of the above petitioner. This writ petition does not disclose whether any order had been passed by the said authority. Furthermore, it seems the writ petitioner now desires that his representation may be heard by the appropriate authority. He further submits that the appointment made in the year 2013 and subsequently in the year 2016 was irregular and not as per the existing rules prevailing. The same has been contested by the learned Counsel on behalf of the petitioner.;


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