19-08-2026 ct no. 13 Sl. 18-19 sp M.A.T. 1159 of 2025 With CAN 1 of 2025 Shuvadip Mondal -Versus- Paramita Das & Ors. With M.A.T. 1261 of 2025 With CAN 1 of 2025 St. Gabriel’s High School (H.S.) & Ors. -Versus- Paramita Das & Ors. Mr. Ujjal Ray. …for the appellants in MAT 1159 of 2025. Mr. Kamalesh Bhattacharyya, Mr. Anindya Bhattacharyya. ..for the appellants in MAT 1261 of 2025. Mr. Debapriyo Gupta, ld. A.G.P., Ms. Sudipa Banerjee, Ms. Koushikee Banerjee, Mr. Biswanath Banerjee. ..for the State. 1. At the first glance it appears from the judgment and order dated 11th July, 2025 impugned in the instant appeal is reasoned. 2. However, it is submitted by the learned counsel for the appellant/school as well as the successful candidate/respondent no. 14 in the writ petition that despite a prayer for filing affidavit, the Single Bench has not acceded to the same. It appears from paragraph no. 12 of the impugned judgment that the Single Bench found that no affidavits were required to be called. There is, therefore, some substance in the submissions of the appellants that they were not given an opportunity to respond to the writ petition by the Single Bench. 3. The issue that arises in the writ petition is as regards the eligibility of the appellant, Shuvadip Mondal, for appointment in the post of Assistant Teacher (Work Education) in the school in question. The contention of the writ petitioner/respondent Paramita Das that 10 days in the advertisement for the post must exclude three holidays, is also required to be dealt with after receiving affidavits. 4. In the light of the above, this Court is of the view that the respondents to the writ petition being WPA 10849 of 2025 must be afforded an opportunity to file an affidavit-in- opposition. 2 5. Let such affidavit be filed within a period of 2 weeks from date. Reply, if any, be filed by the writ petitioner within a week thereafter. 6. WPA 10849 of 2025 is restored to the file of the Single Bench. The impugned judgment and order dated 11th July, 2025 shall stand set aside. 7. The matter shall be heard afresh by the Single Bench after receiving affidavit within the time stipulated above, uninfluenced by any observations made in the impugned order dated 11th July, 2025 by the Single Bench. 8. Liberty to mention for hearing before the Single Bench. 9. With the aforesaid observations, MAT 1159 of 2025 and MAT 1261 of 2025 are allowed and disposed of. 10. Consequently, all pending applications shall also stand disposed of. 11. There shall be no order as to costs. 12. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) 3 (Anuj Singh, J.) 4