Soma Bairagya (Chakraborty) vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 399

RABINDRANATH SAMANTA
Soma Bairagya (Chakraborty) – Appellant
Versus
State of West Bengal – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Subir Bhattacharya, Adv
For the Respondent: Mr. Rezaul Hossain, Mr. Jyoti Prakash Chatterjee, Adv., Mr. Debottam Das, Adv., Ms. Shilpa Thapa, Adv., Mr. Arjun Roy Mukherjee, Adv. Ms. Saheli Chakraborty, Adv.

JUDGMENT :

Rabindranath Samanta, J.

1. Aggrieved by the inaction on the part of a school authority in not forwarding the panel of best eligible candidates for the post of a para teacher to the District Project Officer, the petitioner has preferred this writ petition.

2. It may be noted that during the pendency of the writ petition, the Project Director, Paschim Banga Rajya Samagra Shiksha Mission has been impleaded as respondent no. 12 by order dated 13th March, 2023.

3. The background facts which led to the filing of the writ petition may be summarised as under:

The petitioner Soma Bairagya (Chakraborty) passed Madhyamik Examination in the year 2002 obtaining first division. She passed Higher Secondary Examination in the year 2004 also by obtaining first division. Thereafter, she qualified B.A. (Hons. in Bengali) from the University of Kalyani in 2007. In response to an advertisement dated 4th February, 2009 made by the Managing Committee of Akabpur Junior High School, the respondent no. 9 herein, inviting application from the eligible candidates for filling up one post of para-teacher in Bengali in the school, the petitioner applied for the same on 5th February. 2009. After submission

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