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Judgment
Let affidavit of service filed in Court today be kept on record. The petitioner has filed the present writ petition assailing the impugned order dated 22nd June, 2017 issued by the District Inspector of Schools, Primary Education, Kolkata, the respondent no.3 thereby directing the petitioner to produce the Apex Court decision during hearing.
Mr. Prosenjit Mukherjee, learned advocate for the petitioner submits that the District Inspector of Schools, Primary Education, Kolkata, the respondent no.3 has no authority to direct the petitioner to produce the Apex Court decision. He further submits that it is only the Hon''ble Court who can ask to produce some judgments in support of the petitioner''s claim. The submission of Mr. Mukherjee is not disputed by Mr. Susanta Pal, learned advocate for the State.
However, Mr. Pal submits that the circular which is relied on by the petitioner in his representation is not applicable in respect of the school teacher. It is purely applicable in respect of the Government employees. The submission of Mr. Pal is vehemently opposed by Mr. Mukherjee.
Considering the submissions as advanced by the learned advocates for the parties and after perusing the record and the nature of the impugned order dated 22nd June, 2017, in my considered view, the impugned order dated 22nd June, 2017 cannot be sustained in the eye of law. Accordingly, the impugned order dated 22nd June, 2017 is hereby quashed and set aside.
Therefore, I direct the District Inspector of Schools (Primary Education), Kolkata, the respondent no.3 to revisit the representation of the petitioner through his learned advocate dated 19th June, 2017 and take a decision in accordance with law within six weeks from the date of communication of this order after giving an opportunity of hearing to the petitioner or his authorised representative and thereafter communicate the decision to the petitioner within one week.
Needless to mention, I have not gone into the representation of the petitioner made through his learned advocate and the District Inspector of Schools (Primary Education), Kolkata, the respondent no.3 is directed to take decision independently in accordance with law at the time of hearing. With this direction, the writ petition is disposed of. No order as to costs. Urgent photostat certified copy of this order, if applied for, be furnished on priority basis.