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2025 Supreme(Cal) 777

IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, PRASENJIT BISWAS
Kausik Majumdar – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Writ Appellants : Mr. Abhratosh Majumdar, Ld. Sr. Adv., Mr. Samim Ahammed, Adv., Mr. Arka Maiti, Adv., Ms. Ambiya Khatun, Adv.
For the Respondents: Mr. Biswabrata Basu Mallick, Ld. AGP, Mr. K.M.Hossain, Adv., Mr. Suddhasatwa Banerjee, Adv., Mr. Ujjal Ray, Adv., Mr. Atreya Chakraborty, Adv., Mr. A. Chakraborty, Adv.

JUDGMENT :

DEBANGSU BASAK, J.

1. Appellant has applied for review of the judgement and order dated December 23, 2024 passed by the Coordinate Bench in MAT 490 of 2024 with CAN 1 of 2024.

2. Review proceedings have been specially assigned to this Bench in view of the fact that, one of the Hon’ble Judges of the Coordinate Bench is no longer available in this Court.

3. Learned senior advocate appearing for the review applicant has submitted that, a writ petition challenging the dismissal of the appellant was filed before this Hon’ble Court. In such writ petition, the learned single judge has held the writ petition to be not maintainable, by the judgement and order dated February 23, 2024, since, the educational institution did not fall within the expansive definition of State within the meaning of Article 12 of the Constitution of India. By the judgement and order under review, the Coordinate Bench has upheld such decision of the learned single judge.

4. Learned senior advocate appearing for the review applicant has contended that, the educational institution in question, is governed by the Board of Regulations for Anglo- Indian and other Listed Schools, 1993. He has pointed out that, the

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