09-01-2026 IN THE HIGH COURT AT CALCUTTA Item No.19 Subrata Constitutional Writ Jurisdiction Bhattacharyya Appellate Side AR(C)

WPA No.1152 of 2023 Sima Murmu -vs-

The State of Wes Bengal & Ors.

Mr. Argha Banerjee …for the petitioner Mr. Biswajit De …for the State Ms. Koyeli Bhattacharyya Mr. Bibek Dutta …for the Board Mr. Suvodip Bhattacharjee …for respondent no.7

1. The petitioner claims to be an approved teacher of a Government sponsored school. She alleges that the school premises is being used for non- educational purposes upon acceptance of rent. It is further alleged that the studies of the students are being hampered because of such activities. Representation filed against such illegal activities has not been considered till date.

2. The petitioner refers to an order of the Commissioner, School Education to the Director, SCERT, West Bengal dated December 18, 2018 wherefrom it appears that all schools have been directed to refrain from doing any activity which negatively impacts the pedagogical interests of the students studying in such schools. The said Government Order specifically bars use of the school premises for any other purposes apart from education.

3. Learned counsel for the school submits, upon instruction that, the roof top of the school premises is being let out for conducting examination upon acceptance of rent. The money received is being used for the betterment of the school and its students. It has further been submitted that the teachers have given their consent for such letting out of the school premises.

4. Under the circumstances, the head of the institution is directed to file a report by way of an affidavit disclosing the number of days for which the school building was let out for other purposes and the details for which the same was let out for the entire year of 2025. The money collected on account of rent for letting out the school premises shall also be clearly mentioned. The school shall report the quantum of fees collected from the students and the manner in which the fees are used by the school. Whether any accounts are being maintained by the school in respect of the money collected on account of rent shall be mentioned in the report. The manner in which the money collected on rent is being utilized shall also be placed in the report.

5. The report shall further disclose the number of teachers, non-teaching staff and students of the said school. The permissions obtained by the school from the competent authority for letting out the school premises shall be annexed with the report.

6. The District Inspector of Schools (SE), Kolkata is hereby directed to file a report on affidavit disclosing whether any permission was ever sought for by the school authority for letting out the school premises for non-educational purposes and whether any permission was granted to the school for performing activities not related to education.

7. The report of the aforesaid respondents shall be prepared and circulated within a period of six weeks from date. Reply thereto, if any, shall be filed within a fortnight thereafter.

8. Relist the matter for consideration on March 16, 2026.

9. Supplementary affidavit filed by the petitioner be taken on record.

10. All parties are to act on the server copy of this order duly downloaded from the official website of this Court.

11. Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]