Kolkata, Dec 19 A group of aspirants for primary teacher jobs in state-run schools of West Bengal on Friday approached a division bench of the Calcutta High Court challenging an earlier order of a single-judge bench of the same court that scrapped the state Education Department's decision to create 1,600 supernumerary posts for upper primary teachers.
On December 4, a single-judge bench of Justice Biswajit Basu had struck down the decision of the state government to create the supernumerary posts and observed that such posts could not be created for regular appointments of primary teachers.
Justice Basu had also held that supernumerary posts could be created only under special circumstances and for exceptional requirements.
The division bench comprising Justice Tapabrata Chakraborty and Justice Reetobroto Kumar Mitra admitted the appeal challenging the single-judge order. The matter is scheduled to come up for hearing next week.
The West Bengal Education Department had issued two notifications -- first on May 19, 2022, and subsequently on October 14 the same year -- for recruitment of upper primary teachers in physical education and work education from waiting lists through the creation of 1,600 supernumerary posts.
These notifications were challenged before the Calcutta High Court. After prolonged hearings, Justice Basu’s bench eventually scrapped both notifications, ruling that the creation of supernumerary posts for such appointments was not legally permissible.
It may be recalled that in 2022, the Calcutta High Court had imposed an interim stay on the creation of the 1,600 supernumerary posts. The matter was subsequently taken to the Supreme Court.
However, the apex court declined to interfere, following which the West Bengal government again approached the Calcutta High Court seeking lifting of the interim stay.
On May 7 this year, Justice Basu maintained the interim stay on the creation of the supernumerary posts.
The state government then moved a division bench comprising Justice Soumen Sen and Justice Smita Das De against the order continuing the interim stay. That division bench also declined to interfere, thereby maintaining the stay and referring the matter back to Justice Basu's single-judge bench.
Finally, on December 4, Justice Basu scrapped the state government's decision to create 1,600 supernumerary posts for upper primary teachers in state-run schools across West Bengal.
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