OD-1 ORDER SHEET IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO/131/2026 ANIL KUMAR JHA VS THE STATE OF WEST BENGAL AND ORS. BEFORE: THE HON’BLE JUSTICE AMRITA SINHA Date: 15th September, 2026. Appearance: Mr. Samarjit Balial, Adv. Mr. Uttam Banerjee, Adv. Mr. Rabi Ghosh, Adv. Md. Nadeem Aktar, Adv. ...for the Petitioner Mr. Sourav Sengupta, Adv. ...for the State 1. Perused the instruction forwarded by the District Inspector of Schools (Secondary Education), Kolkata addressed to the learned State Counsel dated 25th August, 2026 wherefrom it appears that the enrollment in the Higher Secondary Section of the school is around 195. The commerce section in the Shree Maheshwari Vidyalaya, a DA getting institution, was introduced in 1976. No additional post of teacher has been sanctioned for the commerce stream in the Higher Secondary Section. The school failed to provide any post sanctioning memo for commerce in the H.S. Section. 2. From the impugned order passed by the D.I. on 5th August, 2024, it appears that five assistant teachers were engaged by the school 2 in the higher secondary section. Out of the five teachers, one of them has retired. 3. In the earlier writ petition filed by the petitioner being WPA No.17955 of 2021 with CAN No.1 of 2023 the Court passed order on 26th April, 2024 recording the submission of the school that on the retirement of one commerce teacher namely, Anil Kumar Singh on 24th December, 2023, one vacancy has arisen in the post of commerce teacher. In view of the fact that the petitioner is rendering service in the school since 2001 and is due to superannuate in a couple of months, a decision ought to be taken for approving the service of the petitioner in the subject school. 4. As the District Inspector of Schools has failed to adjudicate the issue in its proper perspective, and as the D. I. has failed to provide any sought of relief to the petitioner despite the petitioner rendering satisfactory service to the school for such a long period of time on the plea that there is no sanctioned post in the commerce stream in the higher secondary section of the school, accordingly, the Court thinks it fit to direct the Commissioner of School Education to consider the prayer of the petitioner for approval of his service in the vacancy that has been created on account of retirement of one of the teachers engaged by the school in the higher secondary section. 5. The Commissioner of School Education is directed to grant an opportunity of hearing to the petitioner, the representative of the school and the District Inspector of Schools, Kolkata or his 2 authorized representative. A decision shall be taken in the matter at the earliest, but positively within a period of eight weeks from the date of communication of this order. The reasoned order shall be communicated to all the parties. 6. The Commissioner of School Education shall keep in mind that there is a requirement of a teacher in the commerce section of the school which is functional for a considerable period of time. The petitioner has rendered valuable service in the school since long. 7. If the prayer of the petitioner for approval is allowed, then necessary consequential steps shall be taken by the respondents in accordance with law. 8. The impugned order of the District Inspector of Schools (S.E.), Kolkata dated 5th August, 2024 is directed to be kept in abeyance till a fresh decision is taken by the Commissioner of School Education in this regard. 9. The writ petition stands disposed of. 10. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. 11. Certified server copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (AMRITA SINHA, J.) S. A AR(CR)