23 29.09.2026 Ct. No.17 J.Das FMA 1079 of 2019 IA NO.CAN/1/2019 (Old No.CAN/8822/2019) Babita Srivastava Vs. State of West Bengal & Ors. Mr. Ekramul Bari Mr. Alauddin Ahmed Mr. Sk. Imtiaj Uddin …For the appellant Mr. Samrat Mukherjee Mrs. Atrayee De …For the State 1. The grievance of the appellant is directed against an order dated 15 July 2019 dismissing the writ petition inter alia on the ground of delay and latches. 2. It is submitted on behalf of the appellant that he impugned order dated 7 June 2017 passed by the District Inspector of School (SE) in compliance with an earlier order of Court is unsustainable and liable to be set aside. 3. During the course of hearing the State respondents have filed a communication of a Government Notification wherein the G.O. No.1691-SE(S) dated 20.09.2001, it is stated that “Such teachers working beyond the sanctioned strength should be placed whenever any vacancy arises within the sanctioned strength in strict adherence to the norms of the Staff Pattern in case of Normal Section (V-X). In case of H.S. Section only those teachers who possess Hons./Master Degree 2 in the subject in which the vacancy arises should be considered.” 4. It is submitted on behalf of the petitioner that she is holding a Masters Degree in Hindi Language. 5. In view of the above, the petitioner prays for liberty to approach the Appropriate Authority in terms of the above mentioned Notification. 6. It is made clear that there has been no adjudication in the merits of the case and if any such proposed application is filed by the appellant the concerned District Inspector of School (SE) is directed to consider the same in accordance with law. 7. The impugned order is modified to the above extent only. In view of the above, FMA 1079 of 2019 alongwith with connected application stands disposed of. [Ravi Krishan Kapur, J.] [Atarup Banerjee, J.]