Full Judgment
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP No.722 of 2014 ASHISH KUMAR TIWARI & ORS.Versus STATE OF WEST BENGAL & ORS.& WP No.563 of 2014 JUGESH KUMAR SINGH Versus STATE OF WEST BENGAL & ORS.Appearance Mr.Anjan Bhattacharya, Adv.…Petitioner (in WP No.722 of 2014) Mr.Bikash Ranjan Bhattacharya, Sr.Adv.Mr.Anindya Bose, Adv.…Petitioner (in WP No.563 of 2014) Mr.Sadhan Roy Chowdhury, Sr.Adv.…State (in WP No.563 of 2014) Mr.Amitesh Banerjee, Adv.Ms.Sreemoyee Mitra, Adv.…State (WP No.722 of 2014) Mr.P.S.Deb Burman, Adv.Md.M.N.Chowdhury, Adv.…Respondent No.5 BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date : 22nd August, 2014.
The Court : Having heard the learned advocates for the parties and upon perusing the instant application, it appears that allegations have been made by the writ petitioners in WP No.722 of 2014 with regard to the affairs of Shree Bal Krishna Vithal Nath Vidyalaya in the matter of selection of a Headmaster for the said school.
So far as WP No.563 of 2014 is concerned, the same has been filed by the person who is the beneficiary of the selection process initiated by the school authorities for the purpose of appointing a Headmaster.
In other words, the writ petitioner in WP No.563 of 2014 is the person selected by the school authorities for the post of Headmaster.
It is noticed from the pleadings filed in WP No.722 of 2014 that the District Inspector of Schools (S.E.).Kolkata, by a memorandum dated 2nd April, 2014 requested the Commissioner of School Education, West Bengal, to give instructions in respect of a complaint lodged by one Dilip Chakraborty.
The said memorandum was replied to by the Commissioner of School Education, West Bengal, by a memorandum dated 25th April, 2014.
The Commissioner of School Education, West Bengal, requested the District Inspector of Schools (S.E.).Kolkata, to cause an enquiry into the affairs of the school and take necessary action with a detailed report to the office of the Commissioner of School Education, West Bengal.
It is quite apparent that the District Inspector of Schools (S.E.).Kolkata has not initiated any steps pursuant to the said memorandum dated 25th April, 2014.
There was no plausible reason for the District Inspector of Schools (S.E.).Kolkata to have ignored the memorandum dated 25th April, 2014 issued by the Commissioner of School Education, West Bengal, since there was an allegation in respect of the selection process being fraught with illegalities.
It was the bounden duty of the concerned District Inspector of Schools to cause a thorough enquiry in order to come to a conclusive finding as to whether the process of selection of a Headmaster of Shree Bal Krishna Vithal Nath Vidyalaya was made in accordance with law or not.
In such circumstances, this Court directs the Commissioner of School Education, West Bengal, to cause a thorough enquiry in respect of the affairs of Shree Bal Krishna Vithal Nath Vidyalaya in the matter of selection of a Headmaster for the said school.
While causing an enquiry in terms of this order, the Commissioner of School Education, West Bengal, shall afford an adequate opportunity of hearing of all concerned, including the writ petitioners in both the matters as well as the school authorities.
The entire exercise, in terms of this order, shall be completed by the Commissioner of School Education, West Bengal, as expeditiously as possible, preferably within a period of six weeks, but not less than eight weeks from the date of communication of this order.
It is made clear that this enquiry shall be conducted by the Commissioner himself/ herself and not through any third party.
The applications are accordingly disposed of.
Urgent certified photostat copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(BISWANATH SOMADDER, J.) sg.