Regularization of teacher appointments without adhering to established legal recruitment processes is invalid, emphasizing procedural integrity in public service roles, particularly amid political unrest.

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 set aside the regularizations of all teachers who would have been appointed after 30^th July, 2010 in GTA area and for setting aside a memo dated 8th March, 2019 issued by the Principal Secretary, School Education Department, Secondary Branch, Government of West Bengal without impleading the voluntary teachers who are presently working in different secondary schools. Intervention applications were preferred by the said voluntary teachers and the same were allowed. A further writ petition preferred by Trained Unemployed Youths Welfare Organization and another being WPA 1162 of 2025 was heard along with the writ petition being WPA 1085 of 2023. An application being CAN 6 of 2025 was also preferred by two applicants in WPA 1089 of 2023 urging an issue of maintainability of writ petition. By an order dated 2^nd December, 2025, the parties were directed to exchange their affidavits observing inter alia that ‘the issue raised in the application will be considered at the time of final disposal of the writ petitions’. Subsequent thereto, the judgment dated 17^th December, 2025 was delivered directing inter alia that ‘the impugned letter bearing no.254-SE/S/4A-1B/15(PT-III) dated March 08, 2019 whereby and whereunder the engagements of 313 voluntary teachers were regularized by the Principle Secretary, School Education Department, Government of West Bengal is set aside and quashed’.

2. Challenging the judgment dated 17^th December, 2025 an appeal being MAT 110 of 2025 was preferred by GTA. An appeal being MAT 113 of 2025 was preferred by some added respondents in the writ petition being WPA 1089 of 2023 and the appeal being MAT 106 of 2025 was preferred by the applicants in CAN 6 of 2025 filed in connection with WPA 1089 of 2023 challenging an order dated 2^nd December, 2025.

3. Mr. Abhratosh Majumdar, learned advocate appearing for the appellants in MAT 110 of 2025 submits that there was a complete breakdown of law- and-order situation in hilly areas of the State of West Bengal due to the outbreak of the Gorkhaland movement. The operation of the West Bengal School Service Commission (Hilly Region) was suspended by a notice of the school education department dated 5^th September, 2003. In the backdrop of such political unrest there was no recruitment to the post of teachers in GTA area. In the backdrop of such political unrest, the schools of the GTA area became completely dependent upon voluntary/temporary teachers, who were the local educated youths coming forward to render self-service. Being oblivious of such fact situation, the impugned judgment was delivered rendering the said 113 voluntary teachers jobless. In view of the judgment impugned the students would also be the sufferers as they would be appearing in the ensuing Madhyamik examination scheduled to be