WPA/20821/2018 of MANIBNA BEGAM Vs STATE OF WEST BENGAL & ORS on 18 September 2026

1. An impugned order dated August 28, 2018 of the Chairman, District Primary School Council, Purba Burdwan is challenged in the instant writ petition, which actually stands contrary to the law settled by the Hon’ble Larger Bench of this Court in State of West Bengal and Ors. Vs. Purnima Das and & Ors. reported in 2017 Vol.4 CHN 362.

2. On careful perusal of the impugned order, it further reveals that the same does not bare any reasons for the final decision arrived at by the Chairman in the same. Hence, it suffers as a non-speaking order.

3. The petitioner’s grievance is regarding her rejection of candidature for appointment in died-in-harness category on compassionate ground, due to death of her father in service.

4. The petitioner’s candidature has been rejected for the reason of her being a married daughter on the concerned date, which no further remains of valid ground for refusal for such prayer of the petitioner, in case the other relevant factors like the dependency and family income etc, being duly satisfied.

5. Hence, the impugned order is required to be set aside and the matter is required to be relegated back to the respondent authority for consideration afresh in accordance with law.

6. On the discussion as above, let the writ petition being WPA No. 20821 of 2018 be disposed of with the following directions:-

(i) . The impugned order dated August 28, 2018 by the Chairman, District Primary School Council, Purba Burdwan is hereby set aside.

(ii) . Let the petitioner make a comprehensive representation before the respondent no. 2/Commissioner of School Education, School Education Department, West Bengal.

(iii) . Let the respondent no. 2 consider such comprehensive representation of the petitioner, without being influenced by the time gap from the date of death of her father, till the date of his consideration, in accordance with law and pass a reasoned order as regards the petitioner’s eligibility and appointment on compassionate ground, due to death of her father.

(iv) . This exercise should be done by the respondent no. 2 within a period of three weeks from the date of receipt of the representation of the petitioner, in its office.

(v) . In the exercise as above, the respondent authority shall grant opportunity of hearing to the petitioner.

1. With the aforesaid observations and directions, WPA No. 20821 of 2018 is disposed of.

2. Pending application/s, if any, is also disposed of.

3. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Rai Chattopadhyay, J.)