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1998 Supreme(Cal) 170

BASUDEVA PANIGRAHI
Managing Committee, Kanaidighi Deshapran Vidyapith – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
Mr. Amal Baran Chatterjee and Soumen Kr. Dutta, for the petitioner
Mr. S.K. Mukherjee, for the respondents

Judgment

Heard Mr. Chatterjee in support of the application, and Mr. Mukherjee, the learned Advocate appearing for the State of West Bengal.

2. This is an application under Article 226 of the Constitution of India for issuing a writ of Mandamus commanding the respondents to cancel/withdraw/rescind. Annexure 'G' to the writ application and also writ in the nature of Mandamus be issued to the District Inspector of Schools for filling up the two posts of Assistant Teacher in language group.

3. The essential facts emerging in the writ application are as follows:-

Two teachers, namely, Gaya Prosad Jana and Sudhangshu Sekher Mahesh who were appointed on 1.7.37 and 18.7.37 respectively as Assistant Teachers in the stream of Bengali and English under the language group who had been retired on and from 30.6.97 and 31.7.97 and therefore, consequently, two posts of Assistant Teachers in the language group had fallen vacant. The school authorities by its resolution dated 31st January, 1997 issued a letter on 14.5.97 to the District Inspector of Schools enclosing therewith all relevant papers for according permission to fill up the poses of Assistant Teachers on the eve of retirement of Gaya Prosad






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