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HARISH TANDON, PRASENJIT BISWAS
Saroj Kumar Panigrahi – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. writ petition filed (Para 1) |
| 2. school upgraded (Para 2) |
| 3. appellant's appointment (Para 3 , 4) |
| 4. respondent's contention (Para 5 , 6) |
| 5. court's analysis (Para 7 , 8 , 9 , 10 , 11 , 13 , 14) |
| 6. appeal dismissed (Para 12) |
JUDGMENT :
HARISH TANDON, J.
1. Initially, the writ petition being WP 25180(W) of 2015 was filed by two persons including the appellant herein but at the time of the final disposal of the writ petition it was pointed out that the other writ petitioner who was arraigned as petitioner no. 2 attained superannuation and, therefore, the principal relief claimed in the writ petition so far as the other writ petitioner was concerned cannot be granted. By the impugned judgment dated 30th June, 2022, the Single Bench dismissed the writ petitioner with categorical finding that the appellant cannot be regarded as an organizing teacher and, therefore, prayer for regularization of their service upon upgradation of a school to Class IX and X cannot be granted.
2. Admittedly, the school in question i.e. Saotia High School was a Class IV Junior High School which was subsequently upgraded to high school having Class IX and X w.e.f. 1st May, 1999 and subsequently w.e.f.
Appointments made in contravention of statutory provisions cannot be regularized, and authority to appoint staff lies with the Commission post-upgradation.
The court established that teachers engaged in unrecognized classes can be regularized upon the recognition of the school, provided their appointments were bona fide.
The appointment given beyond the sanctioned strength cannot be declared legal, and thus, the refusal to approve the appointment was upheld.
The main legal point established in the judgment is the entitlement of the appellant's service to be regularised as a Headmistress, the inapplicability of the School Service Commission Act, 1997 to h....
Recognition and financial aid for educational institutions must align with equitable staff employment and ensure compliance with established legal conditions for staff remuneration.
Appointments made under inapplicable statutory rules are void and cannot confer enforceable rights; the governing statutes change with institutional upgrades.
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