The Calcutta High Court dismissed a Public Interest Litigation (PIL) observing that it is purely a service matter where a public interest petition cannot be maintained especially when no writ of quo warranto has been sought.
In the PIL, the allegation is that the private respondent was appointed as Teacher In-Charge of Konarpara Nimno Buniyadi Vidyalaya, Konarpara, Memari, Purba Bardhaman in 2017. Further allegation is that the said respondent has committed various irregularities and certain allegations have also been made in respect of the conduct of private respondent. The alleged mass complaint dated 13.09.2021 made to the respondent No.6 (The Chairman, District Primary School Council, Purba Bardhaman) has been enclosed with the petition with the grievance that the complaint has not been considered. In this background, a prayer has been made in the petition to set aside the appointment of the private respondent and also to take action against the said respondent.
The Counsel for the State has informed that in the interim another teacher has been appointed as Teacher-in-Charge in the said school and the private respondent filed a petition challenging that order and the said petition has been dismissed in default.
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The counsel for the private respondent has submitted that the private respondent has no objection in handing over charge of Teacher-in-Charge to the newly appointed teacher without prejudice to her rights in the petition already filed. He has denied the allegations which have been made against him.
On perusal of the petition, the Division Bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj found that it is purely a service matter where a public interest petition cannot be maintained especially when no writ of quo warranto has been sought.
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Hence, in view of the judgment of the Supreme Court in the matter of Madan Lal versus High Court of Jammu and Kashmir and others reported in 2014 (15) SCC 308, the High Court is not inclined to entertain the present public interest petition, which is accordingly dismissed. However the Court leaves it open to the concerned parties to agitate their grievances before the appropriate forum in accordance with law.