Calcutta HC Scraps Bengal Decision To Create Supernumerary Posts For Upper Primary Teachers
In its ruling, the single-judge bench of Justice Biswajit Basu observed that supernumerary posts could not be created for the regular appointments of primary teachers.
Justice Basu also observed that the supernumerary posts could be created only in case of special requirement and in special situations.
The state Education Department had issued two notifications, first on May 19, 2022, and then on October 14 of the same year, for the recruitment of upper-primary teachers for physical education and work education from the waiting lists by creation of these 1,600 supernumerary posts.
The decision was challenged in the Calcutta High Court, and after a prolonged hearing in the matter, Justice Basu's bench finally scrapped the two notifications for the creation of the supernumerary posts.
The court, in 2022, had already put an interim stay on the creation of these supernumerary posts for upper primary teachers. The matter went up to the Supreme Court also.
However, the apex court refused to interfere in the matter, and based on that, the West Bengal government again approached the Calcutta High Court with a plea for lifting the interim stay.
On May 7, this year, Justice Basu maintained the interim stay. The state government then approached a division bench of Justice Soumen Sen and Justice Smita Das De against the order by Justice Basu.
However, the division bench also maintained the interim stay, and hence the matter was again referred back to Justice Basu's bench.
Finally, on Thursday, the single-judge bench scrapped the state government's decision to create the supernumerary posts in different state-run schools in the state.
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