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IN THE HIGH COURT AT CALCUTTA
HARISH TANDON, PRASENJIT BISWAS
State of West Bengal – Appellant
Versus
Mrinal Kanti Kumar – Respondent
JUDGMENT :
HARISH TANDON, J.
1. The instant case has a chequered history and the litigation pertaining to recognition and/or upgradation of the school and absorption and/or regularization of the teachers appointed by the managing committee are being pursued before this Court for more than two decades. The last writ petition which is decided in the impugned order is allowed by the Single Bench directing the approval of the appointment of the writ petitioners/respondent as teaching and non-teaching staff of the school from the date of upgradation of the school with consequential relief of release of arrears and current service benefit to be extended to them. The State has challenged the said order taking clue from the various judgments of the Co-ordinate Bench as well as the Apex Court which, in their opinion, have decided the issues involved in the writ petition and impugned order runs contrary thereto.
2. The writ petition being WP 12615(W) of 2014 was filed by the writ petitioners/respondent assailing the order dated 12.05.2011 by the West Bengal Board of Secondary Education and an order dated 07.02.2014 by the Commissioner of School Education whereby and whereunder the prayer for ap
Appointments made in contravention of statutory provisions cannot be regularized, and authority to appoint staff lies with the Commission post-upgradation.
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 appointment given beyond the sanctioned strength cannot be declared legal, and thus, the refusal to approve the appointment was upheld.
Recognition and financial aid for educational institutions must align with equitable staff employment and ensure compliance with established legal conditions for staff remuneration.
Appointments made under inapplicable statutory rules are void and cannot confer enforceable rights; the governing statutes change with institutional upgrades.
The main legal point established in the judgment is the entitlement of the appellant's service to be regularised as a Headmistress, the inapplicability of the School Service Commission Act, 1997 to h....
Teachers of a derecognized institution do not have a legal right to claim absorption in other schools; recognition cancellation eliminates enforceable employment rights.
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