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2022 Supreme(Cal) 200

HARISH TANDON, RABINDRANATH SAMANTA
Sanghamitra Bhattacharya – Appellant
Versus
Sudeshna Kar – Respondent


Advocates Appeared:
For the Appellant : Kalyan Bandopadhyay, Jayotosh Mujumdar, Arjun Roy Mukherjee, Sougata Mitra, Rameshwar Sinha, Abhratosh Majumdar, Shubra Prakash Lahiri, Kausheyo Roy.
For the Respondents: Sutanu Kumar Patra, Supriya Dubey, Supriya Chattopadhyay, Sabyasachi Mondal.

JUDGMENT :

Harish Tandon, J.

1. The present appeal is directed against a judgment and order dated 31st March, 2022 passed by the Single Bench in WPA 2133 of 2022 whereby and where under the appellant was directed not to discharge duties and functions as Assistant Headmistress of Kamala Vidyamandir High School for Girls (HS) nor shall sign any papers and documents including the attendance register in such capacity in the said school. The order impugned runs thus:-

    “The fundamental question involved in this matter is how one Assistant Headmistress can be transferred from one school to another school as Assistant Headmistress.

The school does not require any Assistant Headmistress as has been shown before me by the learned advocate for the petitioners and it was supported by the Managing Committee of the Kamala Vidyamandir High School for Girls (H.S) that the school has now 355 students. An Assistant Headmistress can be appointed if the students strength of the school is above 750 and not below that. Therefore, the school need not have any Assistant Headmistress and the Central School Service Commission is directed to post the Respondent No.8 as an assistant teacher in any other school by

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