Research › Search › Judgment

Calcutta High Court · body

2017 DIGILAW 652 (CAL)

Sanjukta Sarkar v. State of West Bengal

2017-07-31

ARIJIT BANERJEE

body2017
JUDGMENT : 1. Affidavit-of-service filed in Court be kept with the record. 2. In spite of service nobody appears for the School Authorities. 3. The petitioner is a teacher of B.K.D. Girls’ High School, Baduria, North 24-Parganas. She had participated in the 1st SLST 2016. She was successful and was called for verification which she attended. The School Service Commission has required her to submit the No Objection Certificate from the respondent School Authorities. The learned counsel for the petitioner submits that tomorrow is the last date for submission of such No Objection Certificate. 4. It appears that the Managing Committee of the respondent school has passed a resolution dated 23rd June, 2017 to the effect that No Objection Certificate cannot be issued in favour of the petitioner since she is the only Mathematics teacher in the school and if she is released, the school and the students will suffer. 5. Such contention of the school authorities cannot be accepted. Dearth of teachers in a school cannot be a ground for refusing to issue No Objection Certificate/Release Order to a teacher. This is well-settled and if necessary one may refer to the Division Bench decision of our Court reported in (2009) 3 CHN 626 (Managing Committee, Kholapota Prankrishna Halder Girls High School & Anr. Vs. Nibedita Roy). Accordingly, I direct the President/Secretary/Headmistress of the B.K.D. Girls’ High School to issue No Objection Certificate in favour of the petitioner within a period of three days from the date of communication of this order. 6. I am not unmindful of the difficulty that the school may face by reason of the petitioner being transferred to some other school. However, as per law, the school authorities cannot refuse to issue No Objection Certificate to the petitioner. The authorities of the school shall take immediate steps for appointment of a new teacher in Mathematics. For that purpose, the school authorities shall be at liberty to approach the School Service Commission. If so approached, the School Service Commission shall extend all co-operation to the school authorities for appointment of new teacher. The school authorities shall also be at liberty to recruit a new Mathematics teacher in terms of the Government Circular No. 1170-SE(S)/3S-47/2012 dated 23rd August, 2013. Such appointment should be made within a period of six weeks from date. If so approached, the School Service Commission shall extend all co-operation to the school authorities for appointment of new teacher. The school authorities shall also be at liberty to recruit a new Mathematics teacher in terms of the Government Circular No. 1170-SE(S)/3S-47/2012 dated 23rd August, 2013. Such appointment should be made within a period of six weeks from date. The petitioner shall submit the No Objection Certificate to the School Service Commission as soon as the same is issued by the school authorities and in that event the School Service Commission shall accept the same from the petitioner. 7. In view of the aforesaid no useful purpose will be served by keeping the writ petition pending. 8. Since no affidavit-in-opposition has been invited, the allegations contained in the writ petition are deemed not to be admitted. 9. A.S.T. 215 of 2017 is accordingly, disposed of. 10. There will be no order as to costs. 11. Let a plain copy of this order, duly countersigned by the Assistant Registrar (Court), be handed over to the learned advocate-on-record for the petitioner on usual undertaking.