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2019 Supreme(Cal) 650

DIPANKAR DATTA, TAPABRATA CHAKRABORTY, SHEKHAR B.SARAF
Managing Committee, Kadamtala High Madrasah – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
Biswaroop Bhattacharya, Anindya Bose, Ashim Kumar Halder, B. Nandy, R.K. Ghosh, Kishore Dutta, Joytosh Majumdar, Tapan Kumar Mukherjee, Somnath Naskar, Pinaki Dhole, Nibaran Kumar Das, Ziaul Haque, Srimanta Dutta, Manik Kumar Dan, Advocates.

JUDGMENT :

Tapabrata Chakraborty, J.

1. A legal tussle has spiralled up to this Court primarily seeking a quietus to the issue as regards commencement of a selection process towards appointment of non-teaching staff in recognized educational institutions.

2. By an administrative order the Hon'ble the Chief Justice constituted this Bench to answer the issues formulated in a judgment delivered on 27th January, 2011 in two writ petitions, being WP 11255 (W) of 2010 and WP 11254 (W) of 2010, and a judgment delivered on 3rd November, 2014 in a writ petition being WP 23303 (W) of 2010. Writ petitions being WP 12879 (W) of 2010, WP 12882 (W) of 2010, WP 7884 (W) of 2010, WP 31299 (W) of 2014 and WP 8820 (W) of 2014 involving similar issues of facts and law have also been placed before this Court for analogous hearing.

3. For a purposeful deliberation and to answer the issues as formulated, we need to set out the facts involved in the lis and the statutory provisions applicable.

4. Under the West Bengal Schools (Control of Expenditure) Act, 2005 (in short, 2005 Act), the West Bengal Schools (Recruitment of Non-teaching Staff) Rules, 2005 (in short, 2005 Rules) were framed and the same came into

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