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2017 Supreme(Cal) 378

ARIJIT BANERJEE
Sanjukta Sarkar – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appearing Parties : Ekramul Bari, Tanuja Basak, B.P. Vaisya

JUDGMENT :

1. Affidavit-of-service filed in Court be kept with the record.

2. In spite of service nobody appears for the School Authorities.

3. The petitioner is a teacher of B.K.D. Girls’ High School, Baduria, North 24-Parganas. She had participated in the 1st SLST 2016. She was successful and was called for verification which she attended. The School Service Commission has required her to submit the No Objection Certificate from the respondent School Authorities. The learned counsel for the petitioner submits that tomorrow is the last date for submission of such No Objection Certificate.

4. It appears that the Managing Committee of the respondent school has passed a resolution dated 23rd June, 2017 to the effect that No Objection Certificate cannot be issued in favour of the petitioner since she is the only Mathematics teacher in the school and if she is released, the school and the students will suffer.

5. Such contention of the school authorities cannot be accepted. Dearth of teachers in a school cannot be a ground for refusing to issue No Objection Certificate/Release Order to a teacher. This is well-settled and if necessary one may refer to the Division Bench decision of our Court






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