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IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPIGURI
RAJARSHI BHARADWAJ, MD.SHABBAR RASHIDI
Gorkhaland Territorial Administration – Appellant
Versus
Thinley Bhutia – Respondent
Judgment :
Rajarshi Bharadwaj, J.
1. By this appeal, the correctness of the judgement of the Learned Single Judge dated 04.11.2022 passed in W.P.A. No 1181 of 2022 (Thinlay Bhutia & Ors-versus-The Gorkhaland Territorial Administration Council & Anr) has been questioned by the appellants (respondents no. 1-2 in the writ petition).
2. The brief facts of the case are that the petitioners herein the respondents no. 1-37 are the non-teaching staff, appointed by their respective school authorities against the permanent sanctioned vacant post in their respective schools.
3. The West Bengal School Service Commission Act, 1997 while operative for appointing teaching and non-teaching staff in schools, is not applied in the hill region, leading to staffing difficulties. The Hon'ble High Court issued several orders for approving the appointment of long-serving teaching staff against sanctioned vacant posts in Darjeeling schools. Subsequently, the Gorkhaland Territorial Administration (GTA) herein the appellant no.1 formed a verification committee for non-teaching staff. An order issued by the Executive Director, Education Department, GTA herein the appellant no.2, on 11th February 2021, directed t
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 power of review under Section 114 and Order 47 Rule 1 of the Code of Civil Procedure, 1908 is limited to cases where there is a grave or apparent error in the order sought to be reviewed or where....
The power of review is limited to examining whether the order sought to be reviewed contains any apparent error or if new and important evidence has emerged that could overturn the order.
Recognition and financial aid for educational institutions must align with equitable staff employment and ensure compliance with established legal conditions for staff remuneration.
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