JUDGEMENT
Tapabrata Chakraborty, J. -
(1.) Affidavit-of-service filed by the petitioner be kept on record. In spite of service no one appears on behalf of the respondent nos.7 and 8. Mr. Islam, learned advocate appearing for the petitioner prays for leave to implead the Commissioner of School Education, West Bengal as a party respondent to the present writ petition. Such prayer is considered and allowed. The learned advocate on record of the petitioner is directed to effect necessary correction in the cause title of the writ petition. As Mr. De, learned advocate appearing for the State respondents can also appear for the Commissioner of School Education, service of a copy of the writ petition upon the added respondent is dispensed with.
(2.) The present writ petition has been preferred by the guardian of a ward studying in the Manikchak High School (H.S) (in short, the said school) challenging the appointment of the private respondent no.8 as a "person interested in education" in the managing committee of the said school.
(3.) Mr. Islam submits that the administrative status of the said school was converted into a government sponsored school vide notification dated 30th September, 2013. In terms of the directives contained in the said notification a managing committee was constituted. The private respondent no.8 was appointed as a member of the said managing committee as a "person interested in education". The said respondent no.8 is working in the post of an Assistant Teacher at Falakata Birpara Junior High School in the district of Alipurduar, which is about 300 kilometers away from the said school. Placing reliance upon a government order dated 20th April, 2015 issued by the Joint Secretary to the Government of West Bengal, School Education Department, Mr. Islam submits that an in-service teacher is not entitled to be nominated as a "person interested in education" in the said school. He further submits that specifying the ineligibility of the said respondent no.8 to function as a "person interested in education" in the managing committee of the said school, the petitioner submitted a representation to the President of the managing committee of the said school on 5th May, 2017 but the same has not been responded to. The said representation was also forwarded to the respondent nos.2 and 3 but in vain.;
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