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2024 Supreme(Cal) 1323

ANIRUDDHA ROY
Tapan Kumar Sadar – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Himadri Barua, Mr. Biswajit Das
For the Respondent: Mr. Mrinal Kanti Ghosh

JUDGMENT :

Aniruddha Roy, J.

1. This is a hearing matter upon direction of affidavits.

2. The registry note dated April 27, 2017 shows that despite there being direction on March 23, 2017, the respondents did not file affidavit-in-opposition.

3. Considering the long pendency of the writ petition since 2016 and considering the issue involved in the writ petition, this Court proceeds for its final disposal on the basis of the existing records.

4. Mr. Himadri Barua, learned counsel appears for the petitioner.

5. Mr. Mrinal Kanti Ghosh, learned State counsel appears for respondent Nos. 1 to 3.

Facts:

6. The petitioner claims to be an Assistant Teacher appointed on October 30, 1987 for the subject Bio-Science. The relevant subject of the petitioner is Zoology. At the time of appointment the petitioner was an Honours Graduate in Zoology with B.Ed. To enhance qualification the petitioner applied before the Managing Committee of the Basanti High School (H.S.), District 24 Parganas (South) (for short, the School). The Managing Committee of the school by its resolution dated June 26, 2001, annexure P-3 at page 32 to the writ petition, permitted the petitioner to undergo and to acquire higher qualifi

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