Kolkata, Dec 19 With a total cease-work by teachers attached to 360 Gorkhaland Territorial Administration (GTA)-run schools across the hill regions of Darjeeling, Kurseong and Kalimpong continuing on Friday over a Calcutta High Court order cancelling the jobs of 313 teachers, confusion has emerged over who would be made parties to the proposed petition challenging the order.
The petition is expected to be filed either before a higher bench of the Calcutta High Court or before the Supreme Court.
On one hand, the GTA intends to file the petition after making the state Education Department a party to the case. However, insiders in the Education Department say there are legal hurdles in the department being included as a party.
"Since the GTA is an autonomous body, it is not necessarily governed by the general recruitment rules applicable to teachers’ appointments in state-run schools, whether through the West Bengal School Service Commission or the West Bengal Board of Primary Education. Therefore, there are legal complications for the state government or the Education Department to be made a party in a petition challenging the single-judge bench order. However, we are seeking legal advice on the matter," a senior official at the state secretariat said on condition of anonymity.
Despite this, the GTA has indicated it is prepared to proceed with the petition even if the state government does not join as a party.
"The GTA board initiated teacher recruitment keeping in mind that the right to education is a legitimate right of children in the hills. We will certainly challenge the single-judge bench order, and we are confident of getting justice," said GTA spokesperson Shakti Prasad Sharma.
On Wednesday, a single-judge bench of Justice Biswajit Basu ordered the cancellation of the appointments of 313 teachers in GTA-run schools, citing recruitment irregularities and observing that the appointments were illegal.
The court also directed the Criminal Investigation Department (CID) of the West Bengal Police to continue its probe into the matter.
Justice Basu further ordered that the salaries of the 313 teachers be stopped immediately, questioning why the state exchequer should bear the financial burden of paying salaries to illegally appointed teachers.
The court also raised serious questions regarding the academic qualifications of the 313 teachers whose appointments were struck down.
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