AI Structured Summary
Not yet generated for this judgment
Judgment
Let affidavit-in-reply filed by Mr. Sankar Prasad Dalapati, learned Advocate for the petitioners in Court today be kept with the record. A copy of the affidavit-in-reply has also been served on the respective learned Advocates for the State in Court today. They shall take instruction and come back on the next day.
The learned Advocate appearing for the respondent no.5 shall come ready in respect of the allegations made in the affidavit-in-reply which has been served on him today on the next date of hearing.
A copy of the composite list of dates shall be served on all the appearing parties. The original compilation prepared by Mr. Sankar Prasad Dalapati shall be taken on record.
Mr. Pritam Chowdhury, learned Advocate appearing for the Managing Committee is granted liberty to file an affidavit bringing on record the resolution of the Managing Committee appointing the writ petitioners as teachers or non-teaching staff in the higher secondary section of the school whether in first instance or by 'promotion'. Such affidavit must be affirmed by March 18, 2019 and an advance a copy be served upon all the appearing parties through their learned Advocates on Record. The same may be served on March 19, 2019 and the usual rule of filing an affidavit at least 24 hours before the matter is taken up for hearing is relaxed.
The role of the headmistress, being the respondent no.6 herein, is depreciated. Without proper pleadings, she is alleging that the managing committee of which she is ex-officio part did not resolve to appoint the petitioners no.1 and 2, being Amit Patra and Sukdeb Naskar respectively, as Assistant Teachers, whether whole time or part time in the higher secondary section of the school. But such allegation in the form of denial is not there in her affidavit-in-opposition. Despite the aforesaid, her learned Advocate has made a valiant effort to argue on mother wit and intended to make out a case which his client did not make. I take it that the learned Advocate has acted on instruction. The respondent no.6 shall be restricted to the pleadings already filed and shall not be allowed to argue anything alien to it. The respondent no.6 is restrained from acting as the headmistress of the school henceforth till the disposal of the writ petitions and let a teacher-in-charge be appointed in her place by the managing committee of the school so that she is no longer in a position to interfere in the due course of administration of justice.
This part of the order also passed in consideration of the submissions of Mr. Pritam Chowdhury, learned Advocate for the managing committee that the respondent no.6, being the headmistress, is not allowing the managing committee to function even though this managing committee is elected after due process of law which election the respondent no.6 is defending.
Let the tenure of the managing committee be extended till March 20, 2019.
Let these matters be listed on March 19, 2019 at 12'O noon.