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Judgment
In connection with the present writ petition being WP 631 of 2017, one Mr. Shyam Salone Upadhyay has preferred an application for addition of party being GA 3603 of 2017. Mr. Sanyal, learned advocate appearing for the applicant submits that he was an approved assistant teacher in Shree Vishuddhanand Saraswati Vidyalaya (in short, the said school). The managing committee of the said school issued a charge sheet against him on 4th of January, 2017. Subsequent thereto, the disciplinary proceeding stood concluded through issuance of an order of termination dated 13th April, 2017. The applicant has preferred a writ petition being WP 9543(W) of 2017, inter alia, praying for appointment of an administrator in the said school and challenging the charge-sheet. Challenging the order of termination, the said applicant has also preferred a writ petition being WP 20279(W) of 2017. Both the said writ petitions are pending before this Court. In both the said writ petitions the applicant has urged a specific issue that the managing committee of the said school is a defunct body and it had no jurisdiction to initiate any disciplinary proceeding against the applicant or to issue the order of termination. The disciplinary proceeding as well as the order of termination are, thus, not sustainable in law. In the event, the present writ petition preferred by the said school, inter alia, praying for extension of the life of the managing committee is heard in the absence of the applicant, his claim pending adjudication in the writ petitions being WP 9543(W) of 2017 and WP 20279(W) of 2017 would be prejudiced. The issues involved in the said writ petitions and the present writ petition are directly related and connected with each other and as such, the applicant has a direct interest in the lis and is a necessary and proper party.
Per contra, Mr. Anjan Bhattacharya, learned advocate appearing for the writ petitioner in the present writ petition being WP 631 of 2017 submits that the present managing committee is functioning in the said school for a substantial period and from time to time its life has also been extended by the West Bengal Board of Secondary Education (in short, the said Board). The lis involved in the present writ petition is between the writ petitioner and the said Board. The applicant has no locus and direct interest in the same and his presence is not required for adjudication of the present writ petition.
Indisputably, upon initiation of a disciplinary proceeding the applicant has already been terminated from his service in the said school. However, the validity of the proceeding and the order of termination passed in the same are under challenge in separate writ petitions filed by the applicant and the same would be decided on their own merits. In the present writ petition, the issue is as to whether the present management of the said school is entitled to an order towards extension of its life. In my opinion, as regards the said issue, the applicant cannot be said to be having any direct interest. The applicant''s presence is not required for adjudication of the present writ petition.
Accordingly, GA 3603 of 2017 is dismissed.
The other writ petitions being WP 9543 (W) of 2017, WP 21651 (W) of 2014 and WP 20279 (W) of 2017 would stand detagged from the file of the present writ petition.
List the present writ petition being WP 631 of 2013 in the daily supplementary list of this Court on 18th January, 2018 for further consideration.