IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Rai Chattopadhyay WPA 4028 of 2013 Gouranga Sardar Vs.

The State of West Bengal & Ors.

For the Petitioner : Mr. Anindya Sundar Das, Adv., : Mr. Shaunak Ghosh, Adv., : Ms. Paramita Mondal, Adv., : Ms. Suva Gayen, Adv., : Mr. Suman Haldar Adv.

For the State : Mr. Gourav Das. Adv., : Mr. D. Bandhu. Adv., Judgment on : 13/02/2026 Rai Chattopadhyay, J. :-

1. Admittedly the writ petitioner has been appointed in the respondent school (Ramratanpur Bapuji High School), on December 15, 2008, without following a selection process in accordance with law. He joined in the post of Group ‘D’ Staff in the said school on and from December 24, 2008. He claims that since thereafter he has served in the said school continuously without any break. His further contention is that the post in which he was appointed, fell vacant due to retirement of the permanent approved Class-

IV staff of the said school, who was earlier appointed therein.

2. The writ petitioner has further stated that though he has been appointed as against the sanctioned vacant post, with upgradation of the said school, further posts we