JUDGMENT : 1. Records would reveal that fifteen writ petitioners claiming to be qualified for appointment to the post of assistant teacher in secondary level of government aided school preferred the writ petition being WPA 1089 of 2023 alleging that 313 voluntary teachers were appointed in derogation to Darjeeling Gorkha Hill Council (hereinafter referred to as DGHC) notification dated 30th July, 2010 and a Gorkha Territorial Administration (hereinafter referred to as GTA) memo dated 25th June, 2018 and inter alia praying for issuance of necessary direction upon the respondents to set aside the regularizations of all teachers who would have been appointed after 30 th July, 2010 in GTA area and for setting aside a memo dated 8th March, 2019 issued by the Principal Secretary, School Education Department, Secondary Branch, Government of West Bengal without impleading the voluntary teachers who are presently working in different secondary schools. Intervention applications were preferred by the said voluntary teachers and the same were allowed. A further writ petition preferred by Trained Unemployed Youths Welfare Organization and another being WPA 1162 of 2025 was heard along with the writ petition being WPA 1085 of 2023. An application being CAN 6 of 2025 was also preferred by two applicants in WPA 1089 of 2023 urging an issue of maintainability of writ petition. By an order dated 2 nd December, 2025, the parties were directed to exchange their affidavits observing inter alia that ‘the issue raised in the application will be considered at the time of final disposal of the writ petitions’. Subsequent thereto, the judgment dated 17 th December, 2025 was delivered directing inter alia that ‘the impugned letter bearing no.254-SE/S/4A-1B/15(PT-III) dated March 08, 2019 whereby and whereunder the engagements of 313 voluntary teachers were regularized by the Principle Secretary, School Education Department, Government of West Bengal is set aside and quashed’. 2. Challenging the judgment dated 17 th December, 2025 an appeal being MAT 110 of 2025 was preferred by GTA. An appeal being MAT 113 of 2025 was preferred by some added respondents in the writ petition being WPA 1089 of 2023 and the appeal being MAT 106 of 2025 was preferred by the applicants in CAN 6 of 2025 filed in connection with WPA 1089 of 2023 challenging an order dated 2 nd December, 2025. 3. Mr. An appeal being MAT 113 of 2025 was preferred by some added respondents in the writ petition being WPA 1089 of 2023 and the appeal being MAT 106 of 2025 was preferred by the applicants in CAN 6 of 2025 filed in connection with WPA 1089 of 2023 challenging an order dated 2 nd December, 2025. 3. Mr. Abhratosh Majumdar, learned advocate appearing for the appellants in MAT 110 of 2025 submits that there was a complete breakdown of law- and-order situation in hilly areas of the State of West Bengal due to the outbreak of the Gorkhaland movement. The operation of the West Bengal School Service Commission (Hilly Region) was suspended by a notice of the school education department dated 5 th September, 2003. In the backdrop of such political unrest there was no recruitment to the post of teachers in GTA area. In the backdrop of such political unrest, the schools of the GTA area became completely dependent upon voluntary/temporary teachers, who were the local educated youths coming forward to render self-service. Being oblivious of such fact situation, the impugned judgment was delivered rendering the said 113 voluntary teachers jobless. In view of the judgment impugned the students would also be the sufferers as they would be appearing in the ensuing Madhyamik examination scheduled to be held in the month of February, 2026. 4. He argues that about 100 voluntary teachers have already been regularized on the basis of the orders passed by the Court. About 439 voluntary teachers appointed prior to 2007 were also approved and regularized by the Cabinet. In view thereof, no different yardstick can be applied to the similarly situated 313 voluntary teachers. Such argument as advanced were glossed over by the learned single Judge and no finding was returned on the same. 5. Mr. Soumya Majumdar, learned senior advocate appearing for some of the teachers amongst 313 voluntary teachers submits that the memo dated 8th March, 2019 had been set aside primarily on two grounds. First, as such appointments were not given through the School Service Commission and second, as they did not have the qualification to be appointed as assistant teachers in secondary schools. The first ground is not sustainable since the Act of 1997 was not operative in the Hill Region after 2003. The second ground also cannot be urged since all the teachers have already acquired the training qualification. 6. The first ground is not sustainable since the Act of 1997 was not operative in the Hill Region after 2003. The second ground also cannot be urged since all the teachers have already acquired the training qualification. 6. He contends that the teachers, appointed prior to the appointment of the present 313 voluntary teachers, have already been regularized on the rudiments of a policy decision taken by the State. A perusal of the memo dated 8th March, 2019 would also reveal that the Government took a conscious decision to regularize the appointment of 313 voluntary teachers and that as such, their appointment cannot be set aside as illegal appointments. 7. Mr. Bhattacharyya, learned senior advocate appearing for the writ petitioners submits that the initial appointment of said 313 voluntary teachers to post without recourse to the Rules of recruitment is not an appointment to a service. As such the said teachers have no right to regular appointment and any such direction would reinvigorate a class of claims which has been shut out permanently. The appointment of such teachers is also not supported with any official approval of the State. All such appointments were made in derogation to the decision contained in the memo dated 30th July, 2010 of the Secretary, Education Department of DGHC. No advertisement was issued and no recruitment procedure was followed to engage the said teachers. A menace of corruption has accorded undeserved with an unfair advantage over the deserved and deepened the societal chasm between the haves and have-nots and as such, any protection granted would only be a grant of premium to an illegality. In view thereof, the learned single Judge had rightly interfered with such backdoor appointment. 8. Mr. Dutta learned Advocate General appearing for the State argues that the writ petitioners had no locus standi to prefer the writ petition. The memo dated 8 th March, 2019 was in principle approval awaiting final approval. Various orders have been passed by the Courts directing the appointment of voluntary teachers similarly situated with the 313 voluntary teachers. Such appointments have also been challenged but such decision may not be set at naught in collateral proceedings. 9. Mr. The memo dated 8 th March, 2019 was in principle approval awaiting final approval. Various orders have been passed by the Courts directing the appointment of voluntary teachers similarly situated with the 313 voluntary teachers. Such appointments have also been challenged but such decision may not be set at naught in collateral proceedings. 9. Mr. Sinha, learned advocate appearing for the appellants in MAT 106 of 2025 argues that the appellants preferred an application, being CAN 6 of 2025 in connection with the writ petition, being APA 1089 of 2023 urging an issue of maintainability of the writ petition. By an order dated 2 nd December, 2025 the Court refused to decide the issue on maintainability at the threshold and kept the same open to be decided at the time of final hearing of the writ petitions asking the parties to exchange their affidavits. However, the impugned judgment dated 17 th December, 2025 was delivered setting aside the memo dated 8th March, 2019 leaving the other issues open to be decided in the pending writ petitions. A final relief had, accordingly, been accorded at an interim stage. 10. Dr. Patra, learned advocate has entered appearance on behalf of the School Service Commission and Ms. Koyeli Bhattacharya, learned advocate has entered appearance on behalf of the Board. 11. We have heard the learned advocates appearing for the respective parties and considered the materials on record. 12. Indisputably prior to the appointment of the 313 voluntary teachers about 100 teachers similarly situated with them were granted appointment on the basis of the orders of Court and about 439 teachers were approved on the basis of a Cabinet decision. The validity of such appointment has also been questioned in the writ petitions. As the memo dated 8 th March, 2019 containing a decision to regularize the appointment of 313 Voluntary teachers has been set aside, prima facie, the issue of maintainability of the writ petition and the issue of validity of the appointment of the other teachers may not survive for any decision in the writ petitions kept pending. The judgment delivered would have a dissimilar impact upon the prior appointment and create an anomalous situation in future. The judgment delivered would have a dissimilar impact upon the prior appointment and create an anomalous situation in future. The collation of facts put together prima facie, reveals that 313 voluntary teachers had already rendered a long period of service and the alleged irregularities in such appointment are bereft of malicious intent or corrupt practices. The learned single Judge appears to have been focused too rigidly on their initial terms of appointment ignoring the substantive reality of the prevailing political unrest and suspension of operation of 1997 Act. 13. For the reasons discussed above, the operation of the impugned judgment is stayed for a period of twelve weeks. 14. The parties are also directed to exchange their affidavits in the connected applications within a period of four weeks after the Vacation. 15. List the matters thereafter for further consideration before the next available Circuit Bench.