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2012 Supreme(Cal) 905

Pranab Kumar Chattopadhyay, Tarun Kumar Das
Asoke Sawoo – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellants : Mr. L.K. Gupta, Ekramul Bari, Shamin-ul-Bari, S.M. Ali, K. M. Hossain, Tanuja Basak.
For the School Authority : Mr. Biswaroop Biswas.
For the State in FMA 995/2011 : Mr. Kamalesh Bhattacharyya, Mr. Bidhan Biswas.
For the State in FMA 998/2011, FMA 999/2011, FMA 1001/2011, FMA 1002/2011& MAT 139/2011 : Mr. Tapan Kumar Mukherjee, Mr. Nilotpal Chatterjee.
For the State in FMA 1000/2011 : Mr. Rabindra Narayan Dutta.

JUDGMENT

Pranab Kumar Chattopadhyay, J. – These appeals arise out of a common judgment and order passed by a learned Judge of this Court whereby several writ petitions have been disposed of. We have heard all the appeals analogously alongwith the connected Stay Applications since common questions of law are involved in these appeals.

2. The appellants in these appeals are either the School Authorities or the individuals. The factual and legal issues centre around the applicability of the Rules relating to the appointment to the post of Non-Teaching Staff in High or Higher Secondary Schools in Wes Bengal. While deciding the writ petitions by the judgment and order under appeal, learned Single Judge held that in view of the West Bengal School Service Commission (Amendment Act, 2008 which came into force on 14th January, 2009, vacant posts of Non-Teaching Staf should be filled up under the aforesaid Act of 2008 and the West Bengal School Servic Commission (Selection of Persons for Appointment to the Post of Non-Teaching Staff) Rules 2009.

3. Mr. L. K. Gupta, learned senior counsel of the appellants submitted that the process of selection for filling up the vacant posts of Non-Teaching




















































































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