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IN THE HIGH COURT AT CALCUTTA
BISWAROOP CHOWDHURY, TAPABRATA CHAKRABORTY
Sayal Mukhia – Appellant
Versus
Jashimuddin Mondal – Respondent
| Table of Content |
|---|
| 1. overview of the writ petitions and background. (Para 1) |
| 2. overview of appeals following the initial judgment. (Para 2) |
| 3. arguments on the impact of political unrest on teacher appointments. (Para 3 , 4) |
| 4. defense of the 313 voluntary teachers' qualifications and legality. (Para 5 , 6) |
| 5. opposition's arguments on the legality and status of appointments. (Para 7 , 8) |
| 6. court's hearing and consideration of materials. (Para 9 , 10 , 11) |
| 7. implications of prior appointments on the case's future. (Para 12) |
| 8. court's order staying the impugned judgment and further directions. (Para 13 , 14 , 15) |
JUDGMENT :
1. Records would reveal that fifteen writ petitioners claiming to be qualified for appointment to the post of assistant teacher in secondary level of government aided school preferred the writ petition being WPA 1089 of 2023 alleging that 313 voluntary teachers were appointed in derogation to Darjeeling Gorkha Hill Council (hereinafter referred to as DGHC) notification dated 30th July, 2010 and a Gorkha Territorial Administration (hereinafter referred to as GTA) memo dated 25th June, 2018 and inter alia praying for issuance of necessary direction upon the respondents to
Regularization of teacher appointments without adhering to established legal recruitment processes is invalid, emphasizing procedural integrity in public service roles, particularly amid political un....
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.
The Act was interpreted to secure the services of teachers appointed before its commencement, and teachers appointed after the Act came into force and posted in Non-Government Schools were not eligib....
The main legal point established in the judgment is the illegality of appointments made by the Panchayat Employment Committee, the entitlement of the writ petitioner to be offered appointment and con....
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 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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