SUMITRO ADHIKARY Vs. WEST BENGAL BOARD OF SECONDARY EDUCATION & ORS
LAWS(CAL)-2019-4-20
HIGH COURT OF CALCUTTA
Decided on April 03,2019

Sumitro Adhikary Appellant
VERSUS
West Bengal Board Of Secondary Education And Ors Respondents

JUDGEMENT

Arijit Banerjee, J. - (1.) The petitioner was appointed as an Assistant Teacher in Patikabari High School, Nadia with effect from 3 August, 1996. After completing ten years of continued service and having become eligible for appointment as Headmaster of a recognized High School/Higher Secondary School, the petitioner applied to the West Bengal School Service Commission in 2007 for such appointment. The School Service Commission by its memo dated 16 July, 2007 recommended the name of the petitioner for appointment as Headmaster of Patpukur High School (H.S) in Nadia. The petitioner was appointed as the Headmaster of the said School vide memo dated 25 July, 2007 issued by the Secretary, Managing Committee of the said School. The petitioner's appointment as Headmaster of the said School was approved by the concerned District Inspector of Schools (in short 'DI of Schools') permanently by memo dated 6 October, 2009.
(2.) The said School was initially an unaided Non-Government Educational Institution governed by Management of recognized Non-Government Institutions (aided and unaided) Rules, 1969 (in short 'the 1969 Rules') framed under the West Bengal Board of Secondary Education Act, 1963 (in short 'the 1963 Act'). However, by following due process of law, the said School was converted to a recognized Government sponsored Secondary School in terms of a notification dated 30 September, 2013. It is not in dispute that the said School is a sponsored institute.
(3.) The petitioner was placed under suspension by an order of the Managing Committee dated 14 May, 2015. The writ petition on the Appellate Side being WP 14057 (W) of 2015 was filed challenging the order of suspension.;


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