Extracted from the PDF above. The PDF is authoritative.
30-31 24.07.2026 Court No.24 pg. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE
WPA 18928 of 2018 with CAN 1 of 2020 (Old No. CAN 1345 of 2020) CAN 2 of 2020
With
WPA 14685 of 2022
Surjit Singh -versus The State of West Bengal & Ors. Mr. Surjit Singh
… Petitioner in-person
Mr. Sovan Mukherjee Mr. Palash Bapari
… For the State
Headmaster, St. Joseph’s High School. …appearing in person. 1. The petitioner is appearing in-person. 2. The petitioner claims that he was serving as a teacher in St. Joseph’s High School at Asansol. He claims that his terminal benefits have illegally not been released. 3. Learned advocate for the school is indisposed and is not in a position to appear before the Court today. 4. The Court directed the Secretary of the School to remain present along with all records. It has been submitted that the Secretary is out of station and as such, he is not in a position to appear. The
2 Headmaster of St. Joseph’s High School is personally present. 5. The petitioner himself submits in open Court that he passed his class-X examination from Bihar in the year 1983 and he passed his class-XII examination in the year 1985. Both the courses were from private institutions. 6. The petitioner has annexed certificates in support of his graduation. The certificates annexed at pages 26, 27, 28 and 29 of WPA 18928 (W) of 2018 reveal that the petitioner appeared for the BA (Private) Examination 1st Year in the year 1984 and he appeared in the BA final examination in the year 1986. The roll number and enrolment number of the petitioner are mentioned in the said certificates. 7. The petitioner has been dismissed from service as the educational certificates relied upon by him have been found to be fake. 8. In the affidavit-in-opposition filed by the school, there is a communication from the Controller of Examination, M.G. Kashi Vidyapith, Varanasi dated 25th November, 2022 which clearly mentions that the certificates relied upon by the petitioner are counterfeit. 9. The Headmaster submits that as the petitioner has been dismissed from service, accordingly,
3 the question of payment of his terminal dues does not arise. 10. I have heard the submission made by the petitioner and the Headmaster of the school and have perused the documents placed before the Court. 11.
From the submission of the petitioner that he appeared in the class-X examination in the year 1983 and class-XII examination in the year 1985, it is evident that he could not have appeared in the BA examination in the year 1984. A candidate without passing the class-XII examination could not have got admission and appeared in the graduation examination. 12. The petitioner submits that the documents relied upon by the school authority obtained from the Controller of Examination, Mahatma Gandhi Kashi Vidyapith, Varanasi is a false one. 13. To prove that the document relied upon by the school is false, the petitioner ought to have produced supporting documents to show that the certificates relied upon by him are genuine. 14. The Court is left with no other alternative but to rely upon the certificate obtained by the school from the Controller of Examination, Mahatma Gandhi Kashi Vidyapith, Varanasi to verify the educational documents submitted by the petitioner. The petitioner
4 is unable to show that the certificates relied upon by him are proper. 15. The petitioner has already been dismissed from service. No direction can be passed upon the respondents to release terminal dues of a dismissed employee. 16. In view of the above, no relief can be granted in favour of the petitioner in the instant case. 17. Both the writ petitions fail and are hereby dismissed. The connected applications are also dismissed. 18. Personal appearance of the representative of the St. Joseph’s High School stands dispensed with. 19. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court. 20. Certified server copy of this order, if applied for, be supplied to the parties on compliance of all requisite formalities. (Amrita Sinha, J.)