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IN THE HIGH COURT AT CALCUTTA
Biswajit Basu
Jashimuddin Mondal – Appellant
Versus
State Of West Bengal – Respondent
| Table of Content |
|---|
| 1. challenge to teacher appointments and regularization. (Para 1 , 2) |
| 2. arguments on illegal appointment processes. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. examination of statutory compliance and authority in teacher appointments. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. discussion on the implications of political unrest in appointments. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 5. rejection of appointments violating constitutional schemes. (Para 24 , 25 , 26 , 27 , 28 , 29) |
JUDGMENT :
Biswajit Basu, J.
1. The petitioners are educated unemployed youth of the State of West Bengal. They, except the petitioner no. 1 in WPA 1089 of 2023, are residing in the area under the Gorkhaland Territorial Administration (hereinafter referred to as the ‘GTA’ in short) and other hill districts of West Bengal. The petitioners are alleging that the vacant posts of teachers in the Government aided and sponsored schools of the said area have been filled up through backdoor without following any selection process, they are praying that all of such appointments be set aside. The petitioners are also challenging the legality and propriety of the letter bearing no. 254-SE/S/4A-1B/15(PT-III) dated Mar
Appointments made in violation of statutory provisions are void ab initio, reinforcing the requirement for lawful selection processes in public employment to uphold Articles 14 and 16 rights.
Regularization of teacher appointments without adhering to established legal recruitment processes is invalid, emphasizing procedural integrity in public service roles, particularly amid political un....
The main legal point established in the judgment is that the petitioner's long service as a Trained Graduate Teacher against a substantive vacant post and the Government's decision to declare the non....
The court established that adherence to prescribed procedures and principles of natural justice is essential in administrative decision-making, particularly in matters affecting the rights of individ....
The court ruled that the termination of ad hoc teachers' services based on the Government Order was unjust and mandated fresh consideration of their regularization claims under the relevant statutory....
The appointment of the petitioners was found to be irregular but not illegal. The State respondents were bound to consider the recommendation of the Special Class-III DPC, which was constituted on th....
Recognition and financial aid for educational institutions must align with equitable staff employment and ensure compliance with established legal conditions for staff remuneration.
The court established that the failure to consider relevant records and provide a fair hearing constitutes a violation of the principles of natural justice, rendering the decisions of administrative ....
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