Form No. J(2)

Item No. DL / 10 RKD – A.R.(CT)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction

(Appellate Side)

W.P.A. NO 15630 OF 2025

Pranab Bhattacharya

-Vs-

The State of West Bengal & Ors.

BEFORE: THE HON’BLE JUSTICE SAUGATA BHATTACHARYYA

For the Petitioner : Mr. Kamalesh Bhattacharya,

Mr. Banshi Badan Maity,

Mr. Goutam Malik

For the State : Mr. Swapan Kumar Datta,

Mr. Dipankar Das Gupta

For the WBBSE : Ms. Koyeli Bhattacharyya

For the respondent no.9 : Mr. Subir Sanyal,

Mr. Sutirtha Das,

Mr. Trijit Mitra

Heard On : 11.09.2025 Judgment On : 11.09.2025

SAUGATA BHATTACHARYYA, J.:

1. Affidavit of service filed on behalf of the petitioner is taken on record.

2. In the writ petition order dated 24^th April, 2025 issued by the Deputy Secretary to the Government of West Bengal, School Education Department is assailed whereby respondent no.9 was nominated as the President of the Managing Committee of Gopalganj Priyanath Banibhaban (HS), Purba Medinipur (hereinafter referred to as the “said school”).

3. Mr. Bhattacharya, learned advocate representing the petitioner submits that petitioner is the Headmaster of the said school who questions validity of the nomination order dated 24^th April, 2025 first based on a document at pages 31 and 32 of the writ petition. By the said document dated 6^th March, 2025 issued by the Deputy Secretary to the Government of West Bengal addressed to the District Inspector of Schools (SE), Purba Medinipur report and opinion were sought for from the concerned District Inspector of Schools (SE) for reconstitution of Managing Committee of twenty six (26) schools.

4. Memo dated 6^th March, 2025 also depicts representation made by local MLA for extension of the existing President and Persons Interested in Education of the Managing Committees of twenty six (26) schools in Purba Medinipur.

5. According to the petitioner, said memo dated 6^th March, 2025 disclosing representation on behalf of the MLA vitiates order dated 24^th April, 2025 whereby respondent no.9 was nominated as the President of the Managing Committee of the said school.

6. It is also submitted on behalf of the petitioner that a criminal case is pending against the respondent no.9. Therefore, respondent no.9 is not eligible to function as the President of the Managing Committee of the said school. Submission is also made that impugned order dated 24^th April, 2025 was received by the said school authority on 26^th June, 2025. Therefore, at the time of filing the writ petition being WPA 12018 of 2025 on 21^st May, 2025 petitioner did not have opportunity to question order dated 24^th April, 2025.

7. Mr. Sanyal, learned senior advocate representing the respondent no.9 submits that process of reconstitution of the Managing Committee of the said school has been initiated by the concerned authorities in terms of the order of the President of the Ad-hoc Committee of the West Bengal Board of Secondary Education (hereinafter referred to as the “Board”) dated 21^st January, 2025.

8. It is also submitted that order of the President of the Board contains three separate directions. By first direction, petitioner was recommended to be transferred to another school. Vide second direction, District Inspector of Schools (SE), Purba Medinipur being respondent no.6 was directed to take steps for appointment of Drawing and Disbursing Officer (DDO) in the said school upon dissolving the existing Managing Committee. In terms of the third direction, respondent no.6 was also directed to initiate the process of reconstitution of the Managing Committee in accordance with law.

9. It is further submitted on behalf of the respondent no.9 and the State respondents that as per first direction of the President of the Board as contained in order dated 21^st January, 2025 whereby petitioner was recommended for transfer which was questioned by filing a writ petition being WPA 12018 of 2025. The writ petition was disposed of vide order dated 25^th June, 2025 by this Court setting aside the recommendation f