19.01.2026 Item No. 29 Ct. No. 14 IN THE HIGH COURT AT CALCUTTA AN CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 13744 of 2025 Rajibul Haque Mirza vs.

State of West Bengal & ors.

Md. Younus Mondal … for the petitioner Mr. Suman Dey Ms. Kalpita Paul … for the State

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

2. By the present writ petition, the petitioner seeks direction upon the respondent authorities, particularly, respondent no. 3, the District Education Officer (Samagra Shiksha Mission), Murshidabad not to give effect to order no. 93/PED/SSM/2025 dated

23^rd May, 2025.

3. The petitioner contends that he was appointed as a Para Teacher (Bio Science) at Baidyapur High School (H.S.) on 31^st July, 2007. The petitioner joined in the said School on 12^th September, 2007 as a Para Teacher (Bio Science) and continued to discharge his functions. The petitioner was nominated as the President of the Managing Committee of the said School by the Assistant Secretary, School Education Department on 12^th November, 2024 taking into consideration his good performance in teaching and managing skills. By the order impugned dated 23^rd May, 2025, the petitioner was instructed by respondent no.3, District Education Officer (Samagra Shiksha Mission), Murshidabad, either to opt the post of Para Teacher or the post of the President of Baidyapur High School (H.S.) with immediate effect and that he was not allowed to remain in position of both the posts at the same School anymore. Being aggrieved by and dissatisfied with the impugned order, the petitioner has preferred the present writ petition.

4. Md. Younus Mondal, learned advocate appearing for the petitioner submits that there is no bar to appoint a Para Teacher as the President of an Institution. The School Education Department by the order dated 12^th November, 2024 nominated the petitioner as the President for three years taking into consideration his performance as a teacher as well as his managing skills. Thus, the impugned order passed by respondent no. 3, the District Education Officer (Samagra Shiksha Mission), Murshidabad is bad in law and is, therefore, not sustainable. He seeks for setting aside of the impugned order under challenge.

5. Mr. Suman Dey, learned advocate representing the State submits that a Para Teacher cannot be nominated as the President of the said institution since such nomination would lead to unwanted litigation in the administration of the School. Following the School Education Department’s order no. 303(22)-SE/S/10M-24/15 dated 20^th April, 2015, respondent no. 3, the District Education Officer (Samagra Shiksha Mission), Murshidabad has passed the impugned order which does not call for interference. He seeks for dismissal of the writ petition.

6. Upon hearing learned counsel for the respective parties, the only issue which falls for consideration is whether the order passed by respondent no. 3, the District Education Officer (Samagra Shiksha Mission), Murshidabad is legally sustainable or not.

7. Admittedly the petitioner is a Para Teacher (Bio Science) in Baidyapur High School (H.S.) where he was nominated as a President by virtue of order no. 944- MUR-641/SED-11015/122/2024 dated 12^th November, 2024 of Assistant Secretary to the Government of West Bengal. The impugned order has been passed taking in consideration the Department’s order no. 303(22)-SE/S/10M-24/15 dated 20^th April, 2015.

8. For the sake convenience of discussion, it would be profitable to reproduce the said Order No. 303(22)- SE/S/10M-24/15 dated 20^th April, 2015 as hereunder:

“With reference to above, the undersigned

is directed to convey the decision of the ……..

School Education Deptt. Regarding the anomalies

referred to as under: .

1. President of the Managing Committee declined to accept the charge:

To overcome the situation, concerned Sub-

Inspector of Schools who has been appointed as Member (Govt. Officials) at Sl. No. 4 of order of formation is appointed to take the cha