SANAM RAI v. THE STATE OF WEST BENGAL AND ORS

Mr. Ekramul Bari, Advocate Sk. Imtiaj Uddin, Advocate Mr. Rishav Das, Advocate Mr. Bikash Goswami, Advocate Mr. Osman Gani Mallick, Advocate Mr. DEboshi Dhar, Advocate Ms. Shewly Saha, Advocate Ms. Taniya Bhowmick, Advocate Mr. Joyjit Choudhury, AAG Mr. Nabankur Paul, Advocate Ms. Bedashurit Bose, Advocate Mr. Subir Kumar Saha, AGP Mr. Sourav Sarkar, Advocate Ms. Rima Sarkar, Advocate Ms. Pratalekha Choudhury, Advocate Mr. Hirak Barman, Advocate Mr. Bikash Singha, Advocate Mr. Pradip Sarkar, Advocate Mr. Sandip Guha Roy, Advocate Mr. Momenur Rahman, Advocate Ms. Pratuusha Dutta Chowdhury, Advocate Ms. Kanika Saha Sarkar, Advocate Mr. Arindam Mitra, Advocate Mr. Kanika Saha Sarkar, Advocate Mr. Pretom Das, Advocate Mr. Manti Dutta, Advocate Mr. Sumit Kumar, Advocate Mr. Anirban Banerjee, Advocate For the GTA : Ms. Supriya Singh, Advocate Ms. Susmita Ghosh, Advocate 15 WPA 2506 of 2025 Heard on : 07.04.2026, 08.09.2026 & 09.04.2026 Judgment on : 09.04.2026. Raja Basu Chowdhury, J. (Oral):

#1. Affidavit-in-oppositions WPA/2257/2025, WPA/2260/2025, WPA/2261/2025, WPA/2262/2025, WPA/2263/2025, WPA/2265/2025, WPA/2266/2025, WPA/2267/2025 and WPA/2268/2025 by the GTA and replies by the petitioners in Court today are taken on record. The petitioners also undertake to put in deficit Court fees in course of tomorrow i.e. 10th April, 2026.

#2. A batch of writ petitions concerning a common cause has been taken up for consideration together.

#3. Most of the writ petitioners claim to have been appointed purely on temporary basis as ‘Assistant Teachers’ in the schools by the respective Managing Committee of the schools on the dates shown against their names as set out in the form of a chart which has been filed by Ms. Singh, learned advocate representing the Gorkhaland Territorial Administration. The same is extracted herein below :- In pursuance of the order dated: 09/04/2026 of the Hon’ble High Court, Calcutta at Jalpaiguri Circuit Bench, I am filling a Particulars in W.P.A’s numbers as detailed below: - 16 WPA 2506 of 2025 Sl No Case No Petitioner’s Name Respondent’s Name Designation Name of the School Date of Joining

#1. WPA/2506/2025 Sanam Rai

#2. WPA/2510/2025

#3. WPA/2539/2025

#1. Pari Rai 2. Surya Prasad Sharma 3.Sekhar Rai 4. Sasra Rai

#1. Niharika Poudyal 2. Ajit Chetrri

#4. WPA/2542/2025 Bhupen Baisya

#5. WPA/2544/2025

#6. WPA/2546/2025

#1. Kiran Rai 2.Lekhnath Giri 3.Sandhya Pradhan 1Vishal Gurung 2. Ten Tshering Lepcha 3. Milan Chhetri 4.Dawa Moktan 5.Srawan Raj Gurung 6. Meena Chhetri

#7. WPA/2550/2025

#1. Preeti Singh 2. Pritiraj Limbu

#8. WPA/2554/2025

#1. Sreejana Gurung 2.Dinesh Kharga

#9. WPA/2603/2025

#1. Sarana Chettri 2. Archana Rai

#10. WPA/2604/2025 Tashi Bhutia

#11. WPA/2605/2025 Pushkar Gurung

#12. WPA/2606/2025

#1. Smita Tamang 2.Ninita Chhetri

#13. WPA/2607/2025

#1. Rajesh Chettri 2.Nischal Dahal 3.Suman Khawas State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors State of West Bengal & Ors State of West Bengal & Assistant Teacher Agamsing Giri Memorial H.S School

28.07.2017 Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Cedars T.E Higher Secondary School Cedars T.E Higher Secondary School Cedars T.E Higher Secondary School Cedars T.E Higher Secondary School

02.5.2023 01.8.2015 21.3.2016 16.9.2019 Assistant Teacher Assistant Teacher Kumudini Homes H.S. School Kumudini Homes H.S. School

01.03.2017 17.02.2017 Assistant Teacher Agamsing Giri Memorial H.S School Non-Teaching( Withdraw) Assistant Teacher Assistant Teacher Assistant Teacher of primary School Assistant Teacher of primary School Assistant Teacher of primary School Assistant Teacher of primary School Assistant Teacher of primary School Assistant Teacher of primary School Sukna High school Sukna High school Sukna High school Judhabir junior Basic School Babari Primary School Babari Primary School Judhabir junior Basic School Judhabir junior Basic School Upper Fagur Godam Gaon primary School

01.6.2016

15.2.2018 15.2.2018 15.2.2018

07.8.2012 17.3.2005 07.8.2012 02.05.2012 07.08.2012 19.2.2008 Assistant Teacher Assistant Teacher Kainjalia High School Kainjalia High School

28.3.2017 28.02.2018 Assistant Teacher Assistant Teacher Pagang Gumpa Higher Secondary School Pagang Gumpa Higher Secondary School

21.08.2019 17.12.2021 Assistant Teacher Assistant Teacher Ramlal Dahal High School Ramlal Dahal High School

02.04.2018 03.04.2017 Non-Teaching Staff Ramlal Dahal High School

16.2.2017 Assistant Teacher Gairibas higher Secondary School

18.08.2015 Assistant Teacher Assistant Teacher Panighata High School Panighata High School

09.9.2016 09.09.2016 Assistant Teacher Assistant Teacher Assistant Teacher Kumudini Homes, Higher Secondary School Kumudini Homes, Higher

15.04.2015 01.11.2017 02.05.2023 17 WPA 2506 of 2025

#14. WPA/2608/2025 Mausami Rai

#15. WPA/2612/2025

#1. Sushmita Gurung 2. Upen Chhetri

#16. WPA/2615/2025

#1. Kiran Thapa 2.Dinesh Kharga

#17. WPA/2641/2025 Anurag Pradhan

#18. WPA/2647/2025 Kishore Gautam & Ors

#19. WPA/2648/2025

#1. Liljan Rai 2.Bhupen Pradhan

#20. WPA/2652/2025

#1. Sewak Rai 2.Bishal Rai

#21. WPA/2653/2025

#1. Rashmi Pradhan 2.Ritu Chhetri 3.Binam Ranapaheli

#22. WPA/2654/2025

#1. Swastik Rai 2.Niraj Ghimiray Sharma

#23. WPA/2655/2025 Dibya Rai

#24. WPA/2656/2025

#1. Priya Rai 2.Parikshit Sharma

#25. WPA/2657/2025

#1. Karuna Chettri 2.Pasang Tamang

#26. WPA/2658/2025

#1. Shubhala Rai 2.Sarita Rai 3. Treja Rai Ors State of West Bengal & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors State of West Bengal & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Secondary School Kumudini Homes, Higher Secondary School Assistant Teacher Potong High School

17.02.2014 Assistant Teacher Assistant Teacher Darjeeling Hindi High School Darjeeling Hindi High School

14.12.2018 15.03.2023 Assistant Teacher Assistant Teacher Pagang Gumpa Higher Secondary School Pagang Gumpa Higher Secondary School

12.3.2018 17.12.2021 Assistant Teacher Raja Ram Mohan Roy High School

22.10.2014 Assistant Teacher Santook Junior High School

17.02.2014 Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Lolay sampu Higher Secondary school Lolay sampu Higher Secondary school Gairibas Higher Secondary School Gairibas Higher Secondary School

09.10.2017 15.02.2018

17.04.2018 16.5.2015 Ambiok High School Ambiok High School Ambiok High School

02.06.2015 02.04.2018 01.09.2022 Assistant Teacher Assistant Teacher Bagrakote H.S School Bagrakote H.S School

14.09.2016 30.07.2018 Assistant Teacher Pranami Balika Vidya Mandir

13.03.2023 Assistant Teacher Assistant Teacher Samthar Higher Secondary School Samthar Higher Secondary School

01.6.2018 01.07.2021 Assistant Teacher Assistant Teacher Pokhriabong High School Pokhriabong High School

04.9.2020 12.4.2022 Assistant Teacher Assistant Teacher Assistant Teacher Rimbick Higher Secondary School Rimbick Higher Secondary

26.08.2014 28.08.2014 16.09.2021 18 WPA 2506 of 2025 Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors School Rimbick Higher Secondary School Assistant Teacher Assistant Teacher Assistant Teacher Lingsey High School Lingsey High School Lingsey High School

09.2.2015 12.2.2018 01.8.2018 Assistant Teacher Thurbo Higher Secondary School

04.8.2015 Assistant Teacher Assistant Teacher Pankhabari Higher Secondary School Pankhabari Higher Secondary School

14.07.2016 04.7.2016 Assistant Teacher Assistant Teacher Assistant Teacher Pokhria Bong Higher Secondary School Pokhria Bong Higher Secondary School Pokhria Bong Higher Secondary School

01.4.2016 01.4.2016 01.4.2016 Assistant Teacher Assistant Teacher Chisang High School Chisang High School

27.11.2014 01.07.2019 Assistant Teacher Assistant Teacher Parnami Balika Vidya Mandir Parnami Balika Vidya Mandir

20.6.2018 11.5.2022 Assistant Teacher Assistant Teacher Gorubathan High School Gorubathan High School

01.4.2014 01.4.2014

#27. WPA/2659/2025

#1. Diwakar Niroula 2.Milan Subba 3. Ranjana Panchakoty

#28. WPA/41/2026 Dechen Bhutia

#29. WPA/42/2026

#1. Tarique Hussain 2. Kalpana Pradhan

#30. WPA/44/2026

#1. Keshika Chettri 2.Pravakar Rai 3.Kaushal Chhetri

#31. WPA/46/2026

#1. Amar Rai 2.Anora Leezer Lepcha

#32. WPA/49/2026

#1. Arpana Chettri 2. Preeti Pradhan

#33. WPA/53/2026

#1. Sabin Bagdas 2.Reeti Rai

#34. WPA/58/2026 Priyanka Manger Thapa State of West Bengal & Ors Non- Teaching Staff Sukhia Pokhri Higher Secondary School

26.5.2014

#35. WPA/60/2026 Thinley Choden Bhutia State of West Bengal & Ors Assistant Teacher Kumudini Homes Higher Secondary

17.8.2018

#36. WPA/61/2026 Nanita Mukhia

#37. WPA/62/2026

#1. Sagar Adhikari 2.Aditya Sharma 3.Durga Sarki 4. Smita Lama State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Assistant Teacher Sukhia Pokhri Higher Secondary School

14.3.2017 Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Gangotri H.S School Gangotri H.S School Gangotri H.S School Gangotri H.S School

01.7.2021 01.7.2021 01.7.2021 01.7.2021 19 Ors WPA 2506 of 2025

#38. WPA/63/2026 Pravakar Gurung State of West Bengal & Ors Assistant Teacher Sonada Higher Secondary School

10.10.2017

#39. WPA/2554/2025 Sreejana Gurung

#40. WPA/65/2026

#1. Punam Chettri 2.Deepen Rai 3.Sushil Chhetri

#41. WPA/66/2026

#1. Manoj Chettri 2.Benu subba 3. Diksha Dewan4.Anjali Rai 5.Cheudup Sherpa

#42. WPA/67/2026 Rabindra Gurung

#43. WPA/68/2026 Columbus Rai

#44. WPA/69/2026

#1. Neelima Rumba 2.Darsan Tamang

#45. WPA/70/2026 Divya Tamang

#46. WPA/71/2026

#1. Ramesh Rai 2.Pankaj Tamang

#47. WPA/72/2026 Bedu Chettri

#48. WPA/73/2026

#1. Raja Gurung 2.Amrit Kharka 3. Raksha Karki( Chhetri) 4. Priya Gurung 5.Mitra Gurung 6.Mandira Thapa State of West Bengal & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors State of West Bengal & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Assistant Teacher Pagang Gumpa Higher Secondary School

21.08.2019 Assistant Teacher Assistant Teacher Assistant Teacher Kagay Higher secondary School Kagay Higher secondary School Kagay Higher secondary School

09.11.2015 19.04.2016 20.6.2011 Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Rabindranath H.S. School Rabindranath H.S. School Rabindranath H.S. School Rabindranath H.S. School Rabindranath H.S. School

05.3.2014 04.10.2017 01.6.2011 09.3.2017 01.3.2018 Non-Teaching Staff Sukhia Pokhri H.S. School

26.6.2015 Assistant Teacher Kumai H.S School

01.10.2018 Assistant Teacher Assistant Teacher Simkuna Sai High School

01.7.2014 01.3.2019 Assistant Teacher Mirik Higher Secondary School

18.02.2021 Non- Teaching Staff Non- Teaching Staff Adarsha High School Adarsha High School

01.04.2005 03.03.2021 Non- Teaching Staff Judhabir H.S School

04.08.2020 Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Saraswati H.S. School Saraswati H.S. School Saraswati H.S. School Saraswati H.S. School Saraswati H.S. School Saraswati H.S. School

02.02.2015 21.11.2016 18.07.2016 21.11.2016 26.08.2019 18.7.2017 20 WPA 2506 of 2025

#49. WPA/74/2026

#1. Deepmala Kharga 2.Anupama Gurung

#50. WPA/75/2026 Sushmita Pradhan

#51. WPA/76/2026

#1. Sujata Chhetri 2.Prerna Khati

#52. WPA/77/2026 Anju Khati

#53. WPA/79/2026

#1. Abinam Pradhan 2.Ashim Subba 3.Sujata Pradhan

#54. WPA/86/2026 Bishan Sharma

#55. WPA/111/2026

#1. Pramod Kharaka 2.Binit Pradhan

#56. WPA/112/2026 Pemlamu Sherpa

#57. WPA/115/2026

#1. Krity Chaulia 2.Diksha Pradham 3. Mridula Sharma 4. Anupa Singh

#58. WPA/117/2026

#1. Aisha Rai 2.Kewal Subba 3.Pranesh Rai 4. Uma Sharpa 5. Hiralal Darjee Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Assistant Teacher Assistant Teacher Kalimpong Jublee Higher Secondary School Kalimpong Jublee Higher Secondary School

26.11.2019 03.3.2020 Assistant Teacher Ganesh H.S School

02.7.2018 Assistant Teacher Assistant Teacher Tista Bridge High School Tista Bridge High School

31.7.2015 31.07.2015 Assistant Teacher Rmbi High School

08.7.2020 Assistant Teacher Assistant Teacher Assistant Teacher Indira Ojha Higher Secondary School Indira Ojha Higher Secondary School Indira Ojha Higher Secondary School

03.8.2015 02.8.2015 01.06.2017 Assistant Teacher Rambi High School

10.3.2022 Assistant Teacher Assistant Teacher Mahanadi High School Mahanadi High School

21.3.2017 21.3.2017 Assistant Teacher Rimbick Higher Secondary School

21.10.2019 Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Mithaidara Renuka Kanya uchcha Vidyalaya Mithaidara Renuka Kanya uchcha Vidyalaya Mithaidara Renuka Kanya uchcha Vidyalaya Mithaidara Renuka Kanya uchcha Vidyalaya

21.4.2017 13.3.2017 30.3.2017 21.4.2017 Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Latpanchar Higher Secondary School Latpanchar Higher Secondary School Latpanchar Higher Secondary School Latpanchar Higher Secondary School Latpanchar Higher Secondary School

10.09.2017 15.02.2021 10.09.2017 10.09.2017 10.09.2017 21 WPA 2506 of 2025

#59. WPA/120/2026

#1. Mahendra Tamang 2.Prayash Yonzone 3.Rubi Thapa 4. Chandra Prakash Rai 5. Swastika Gurung 6. Mishal Rai

#60. WPA/2660/2025 Rubina Pradhan and Ors

#61. WPA/2661/2025

#1. Rajani Rai 2.Sweta Rai

#62. WPA/2662/2025 Anjali Rai

#63. WPA/2663/2025 Neetu Rai

#64. WPA/2664/2025 Denju Sherpa

#65. WPA/2665/2025 Tapasi Mallick Nag

#66. WPA/2668/2025

#1. Pittam Mohra 2.Langma Subba

#67. WPA/2670/2025

#68. WPA/2670/2025 Shashi Kala Tamang Suk Tshering Lepcha

#69. WPA/2671/2025

#1. Jaideep Khati 2.Sushma Mukhia

#70. WPA/2674/2025

#1. Bishal Thami 2. Anuka Chhetri 3. Supriya Rai

#71. WPA/2676/2025

#1. Anit Rai 2. Prashanti Pradhan Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Or Gorkhaland Territorial Administration Council & Ors s Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council and Ors The State of West Bengal and Ors The State of West Bengal and Ors The State of West Bengal and Ors The State of West Bengal and Ors The State of West Bengal and Ors Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council and Ors Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Saraswati Higher Secondary School Saraswati Higher Secondary School Saraswati Higher Secondary School Saraswati Higher Secondary School Saraswati Higher Secondary School Saraswati Higher Secondary School

15.6.2015 10.03.2020 14.10.2019 14.10.2019 15.06.2015 14.10.2019 Primary Teacher Assistant Teacher Assistant Teacher Sitaram Goyal Memorial Junior High School Sitaram Goyal Memorial Junior High School

01.3.2017 01.3.2017 Assistant Teacher Rabindranath Higher Secondary School

01.6.2011 Assistant Teacher Munsong Higher Seconday School

14.5.2018 Assistant Teacher Tindharia High School

07.9.2018 Non- Teaching Staff Rajeswari Girls High School

08.6.2016 Assistant Teacher Assistant Teacher Daragaon High School Daragaon High School

19.02.2020 22.02.2023 Assistant Teacher Suruk Mondodari High School

09.8.2016 Assistant Teacher Gitdabling High Secondary School

02.7.2016 Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Mirik Higher Secondary School Mirik Higher Secondary School Lower Harsing Jr. High School Lower Harsing Jr. High School Lower Harsing Jr. High School

31.7.2017 27.04.2018

25.2.2019 25.2.2019 25.2.2019 Assistant Teacher Assistant Teacher Dalapchand High School Dalapchand High School

25.10.2017 25.10.2017 22 WPA 2506 of 2025

#72. WPA/2677/2025

#1. Anibam Pradhan 2.Ashim Subba

#73. WPA/2678/2025 Yogendra Sharma

#74. WPA/2679/2025

#1. Reshma Rai 2. Nirnay Tamang The State of West Bengal and Ors The State of West Bengal and Ors The State of West Bengal and Ors Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council and Ors Assistant Teacher Assistant Teacher Indira Ojha Higher Secondary School Indira Ojha Higher Secondary School

03.8.2015 02.8.2015 Assistant Teacher Barbot High School Assistant Teacher Assistant Teacher Algarah Higher Secondary School Algarah Higher Secondary School

14.02.2022 14.02.2022

#75. WPA/2680/2025 Prabisha Chhetri (Thami) The State of West Bengal and Ors Assistant Teacher Sri Satya Sai Ratna High School

01.4.2015

#76. WPA/2681/2025

#1. Ajit Chhetri 2.Rajesh Chettri 3.Nischal Dahal 4. Niharika Poudyal 5. Thinley Choden Bhutia 6. Suman Khawas 7. Dilmith Lepcha

#77. WPA/2682/2025

#1. Pawan Rai 2.Deepankar Pradhan

#78. WPA/2683/2025

#1. Prabit Pradhan 2.Lawarence Rai

#79. WPA/2685/2025 Rishi Raj Thapa

#80. WPA/2686/2025

#1. Asha Tamang 2.Lakshya Dewan

#81. WPA/2688/2025

#1. Krity Chaulia 2.Anupa Singh 3. Dibyaswari Gazmer 4. Diksha Pradhan 5.Mridula Sharma 6. Gopika Brahman Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Kumudini Homes H.S. School Kumudini Homes H.S. School Kumudini Homes H.S. School Kumudini Homes H.S. School Kumudini Homes H.S. School Kumudini Homes H.S. School Kumudini Homes H.S. School

17.2.2017 15.4.2015 01.11.2017 01.3.2017 17.08.2018 02.5.2023 15.11.2017 Assistant Teacher Assistant Teacher Gorubathan High School

17.7.2018 08.8.2023 Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Kumai H.S. School Kumai H.S. School

04.9.2018 16.02.2019 Pankhabari H.S. School

20.7.2016 Raj Rajeswari Girls High School Raj Rajeswari Girls High School Mithaidara Renuka Kanya Uchcha Vidyalaya Mithaidara Renuka Kanya Uchcha Vidyalaya Mithaidara Renuka Kanya Uchcha Vidyalaya Mithaidara Renuka Kanya Uchcha Vidyalaya Mithaidara Renuka Kanya

01.7.2018 01.4.2006

14.4.2017 21.4.2017 21.4.2017 13.3.2017 30.3.2017 19.02.2022 23 WPA 2506 of 2025 Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors State of West Bengal and Ors State of West Bengal and Ors State of West Bengal and Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Uchcha Vidyalaya Mithaidara Renuka Kanya Uchcha Vidyalaya Assistant Teacher Assistant Teacher Lava High School

21.2.2011 Chisang High School

18.02.2021 Assistant Teacher Assistant Teacher Chandramaya High School Chandramaya High School

17.11.2024 13.03.2015 Assistant Teacher Assistant Teacher Risheehat Higher Secondary School Risheehat Higher Secondary School

24.3.2015 24.3.2015 Non-Teaching Staff Sukna High School

15.2.2018 Assistant Teacher Kagay Higher Secondary School

04.1.2024 Assistant Teacher Indo-Trbetan Higher Secondary School 01/7/2015 Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Ramlal Dahal High School Ramlal Dahal High School Ramlal Dahal High School Ramlal Dahal High School

02.4.2018 02.4.2018 03.04.2018 16.02.2015 Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Pokhira Bong Higher Secondary School Pokhira Bong Higher Secondary School Pokhira Bong Higher Secondary School

01.4.2016 01.4.2016 01.4.2016 Rangbull High School

22.08.2015 Assistant Teacher Rangbhang Higher Secondary School

16.2.2016

#82. WPA/2689/2025 Pasang Lamu Bhutia

#83. WPA/2691/2025 Raj Rai

#84. WPA/2692/2025

#85. WPA/2696/2025

#1. Pratima Sewa Pariyar 2. Sudip Kafley

#1. Bimal Biswakarma 2.Rewas Rai

#86. WPA/2699/2025 Sebi Thapa @ Sharma

#87. WPA/2701/2025 Namrata Rai

#88. WPA/2703/2025 Dipu Moktan

#89. WPA/2705/2025

#1. Arati Chettri 2.Sarana Chhetri 3.Archana Rai 4.Sudershan Rai

#90. WPA/2706/2025

#1. Keshika Chhetri 2.Pravakar Rai 3.Kaushal Chhetri

#91. WPA/2710/2025 Pema Choden Sherpa

#92. WPA/2738/2025 Pranay Rana 24 WPA 2506 of 2025

#93. WPA/2739/2025 Pratik Pradhan

#94. WPA/2740/2025 Swechha Karki

#95. WPA/2741/2025

#1. Prabin Rai 2.Reena Tamang

#96. WPA/2743/2025

#1. Benoy Tamang 2.Birshika Sharma 3. Rubina Pradhan

#97. WPA/2746/2025 Pukar Chettri Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Assistant Teacher Moonda Kotee T.E High School

02.3.2016 Assistant Teacher Pushparani Roy Memorial High School

03.4.2019 Assistant Teacher Assistant Teacher Radhakrishna Higher Secondary School Radhakrishna Higher Secondary School

27.06.2014 08.08.2014 Assistant Teacher Assistant Teacher Assistant Teacher St. Xavier’s H.S. School St. Xavier’s H.S. School St. Xavier’s H.S. School

16.3.2015 17.02.2020 01.11.2017 Assistant Teacher Margaret’s Hope High School

14.3.2016

#98. WPA/2753/2025 Sundar Rai and Ors State of West Bengal and Ors Primary Teacher

#99. WPA/39/2026 Vanee Rai and Ors

#100. WPA/40/2026 Biswas Tamang

#101. WPA/2558/2025 Pallavi Gurung Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors State of West Bengal & Ors Primary Teacher Non-Teaching Staff Gairibas Higher Secondary School

27.3.2017 Primary Teacher

#102. WPA/2558/2025 Purnima Yonjon (Tamang) State of West Bengal & Ors Assistant Teacher Munsong Higher Secondary

18.02.2013

#103. WPA/2559/2025 Bandana Pradhan

#104. WPA/2560/2025

#1. Nileema Rumba 2.Darsan Tamang State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors Assistant Teacher Dooteriah High School

03.3.2014 Assistant Teacher Assistant Teacher Simkuna Sai H.S. School Simkuna Sai H.S. School

01.7.2014 01.3.2019

#105. WPA/2561/2025 Kelsang Choden Bhutia State of West Bengal & Ors Assistant Teacher Indo Tibetan H.S. school

01.7.2015

#106. WPA/2562/2025 Buddha Subba

#107. WPA/2563/2025 Rubina Pradhan Thapa @ Rubina Pradhan State of West Bengal & Ors State of West Bengal & Ors Assistant Teacher Barbot High School

02.9.2023 Assistant Teacher St. Xavier’s H.S. School

01.11.2017

#108. WPA/2564/2025 Reshma Rai State of West Bengal & Ors Assistant Teacher Algarah Higher Secondary School

14.2.2022

#109. WPA/2572/2025 Anora Leezer Lepcha State of West Bengal & Ors Assistant Teacher Chisang High School

01.07.2019

#110. WPA/2582/2025 Chandra Bahadur Bhujel & Ors State of West Bengal & Ors Para- Teacher 25 WPA 2506 of 2025

#111. WPA/2583/2025 Anil Kumar Rai

#112. WPA/2585/2025

#1. Sagar Pradhan 2. Ajit Gurung 3.Bhuwan Sarki 4.Jiwan Lama

#113. WPA/2586/2025 Nirnay Tamang State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors Assistant Teacher Sonada Higher Secondary school

09.3.2014 Non- Teaching Staff Non- Teaching Staff Non- Teaching Staff Non- Teaching Staff Judhabir Higher Secondary School Judhabir Higher Secondary School Judhabir Higher Secondary School Judhabir Higher Secondary School

27.02.2015 27.02.2015 01.4.2016 04.04.2016 Assistant Teacher Algarah Higher Secondary School

02.5.2017

#114. WPA/2587/2025 Vanee Rai & Anr State of West Bengal & Ors Primary Teacher

#115. WPA/2588/2025 Meera Chhetri

#116. WPA/2589/2025 Regen Yonzon State of West Bengal & Ors State of West Bengal & Ors Assistant Teacher Bhanu High School

14.9.2018 Assistant Teacher Thurbo H.S. School

13.4.2015

#117. WPA/2591/2025 Sancha Thapa State of West Bengal Assistant Teacher Panchabatti H.S. school

25.03.2022

#118. WPA/2592/2025

#1. Chanda Khawas 2.sarina singh 3. Babita Tamang 4. Sonia Chhetri 5. Bindiya Gurung 6. Sunaina Pradhan 7.Binoy Giri 8. Ajay Gurung 9.Abhisheka Pradhan State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Shantirani H.s School Shantirani H.s School Shantirani H.s School Shantirani H.s School Shantirani H.s School Shantirani H.s School Shantirani H.s School Shantirani H.s School Shantirani H.s School

20.09.2013 14.7.2014 22.5.2015 22.5.2015 22.5.2015 27.3.2017 27.3.2017 15.09.2017 15.9.2017

#119. WPA/2593/2025 Sushmita Gurung & Anr State of West Bengal & Ors Primary Teacher

#120. WPA/2596/2025 Milan Limbu

#121. WPA/2598/2025 Pooja Gurung

#122. WPA/2600/2025

#123. WPA/2601/2025

#1. Anju Chettri 2.Yogendra Sharma 3. Buddha Subba

#1. Dipam Chhetri 2.Rakesh Chhetri 3.Om Prakaah Rai 4.Prabin Chhetri State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & Ors Assistant Teacher Goke High School

15.9.2015 Assistant Teacher Siksha Sangh H.S. School

09.8.2017 Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Barbot High School Barbot High School Barbot High School Gairibas H.S.School Gairibas H.S.School Gairibas H.S.School Gairibas H.S.School

08.9.2015 08.08.2016 04.08.2016

06.10.2018 08.10.2018 12.05.2023 12.05.2023

#124. WPA/2602/2025 Bhupen Pradhan State of West Bengal & Ors Assistant Teacher Ramlal Dahal High School

03.4.2017 26 WPA 2506 of 2025

#125. WPA/245/2026

#126. WPA/257/2025

#127. WPA/265/2025

#128. WPA/275/2025

#129. WPA/2263/2025

#130. WPA/2265/2025

#1. Ashish Moktan 2.Lawag Chettri 3.Nayan Tamang 4. Prerna Tamang

#1. Diwash Tamang 2. Rakshana Pradhan

#1. Sarnim Gurung 2.Bisham Rai 3. Surya Dikcha Tamang

#1. Seyon Lepcha 2.Satish Lama 3. Sudarshan Rai 4. Banera Rai

#1. Piyasha Priyabeshini Gurung 2.Pravakar Lama

#1. Leyam Tamang 2.Roshni Thapa

#131. WPA/2266/2025 Mahendra Pradhan

#132. WPA/2267/2025

#1. Pragati Tamang 2.Sreejana Gurung The State of West Bengal and Ors The State of West Bengal and Ors The State of West Bengal and Ors The State of West Bengal and Ors The State of West Bengal and Ors The State of West Bengal and Ors The State of West Bengal and Ors The State of West Bengal and Ors The State of West Bengal and Ors The State of West Bengal and Ors The State of West Bengal and Ors The State of West Bengal and Ors The State of West Bengal and Ors The State of West Bengal and Ors The State of West Bengal and Ors The State of West Bengal and Ors The State of West Bengal and Ors The State of West Bengal and Ors The State of West Bengal and Ors The State of West Bengal and Ors Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Geill High School Geill High School Geill High School Geill High School

22.10.2016 07.04.2014 20.09.2016 27.11.2017 Assistant Teacher Assistant Teacher Tinglam Uday High School Tinglam Uday High School

21.11.2017 21.11.2017 Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Murmah Premsundar High School Murmah Premsundar High School Murmah Premsundar High School

03.9.2015 15.09.2015 18.08.2017 Chongtong H.S. school Chongtong H.S. school Chongtong H.S. school Chongtong H.S. school

08.5.2015 08.5.2015 18.11.2016 18.11.2016 Mirik Higher Secondary School Mirik Higher Secondary School

08.3.2016 07.03.2016 Mary bong H.S. School Mary bong H.S. School

01.7.2015 01.12.2013 Agamsing Girls High School

05.06.2017 Rangbull High School Rangbull High School

04.9.2019 04.9.2019 Filed By Respondent G.T.A Supriya Singh ( Advocate)

#4. It may be noted that apart from the category of Assistant Teachers, some non-teaching staff have also applied as petitioners. Mr. Bari, learned Advocate appears for the petitioners. 27 WPA 2506 of 2025

#5. Considering the fact that this Court is considering the batch of petitions qua the Assistant Teachers, this Court without deciding the cause of the petitioners who are non-teaching staff, grants leave to them to apply before the appropriate forum, if so advised, in separate proceeding(s).

#6. The petitioners claim to have been rendering voluntary service in the respective schools continuously without any break since their respective appointments. According to the petitioners, the petitioners have been appointed in the post which were either lying vacant or has become vacant due to the death of permanent Assistant Teacher, or on their retirement.

#7. It is also the petitioner’s case that these schools where the petitioners had been appointed as Assistant Teachers are government aided schools. Though, the petitioners have requisite qualification for the post, the appointments of the petitioners are yet to be approved and/or regularized.

#8. Mr. Bari, learned advocate appearing for a set of petitioners would argue that the West Bengal School Service Commission Act, 1997 (hereinafter referred to as “the 1997 Act”) for appointment of teaching and non-teaching staff in hill region has been suspended and as such no appointment is being made on the basis of the recommendations made by the School Service Commission in hill region except for only one occasion which had occurred during 1998-99. He would submit that in 28 WPA 2506 of 2025 terms of the provisions contained in Gorkhaland Territorial Administration Act, 2011 (hereinafter referred to as the “said Act”) and in terms of Section 26 thereof, the Gorkhaland Territorial Administration (GTA) has the administrative, financial and executive powers in the region in relation to school education including the Primary Education, Secondary Education, Higher Secondary Education (including vocational training); Physical Education; Government Schools. It is stated subsequent to suspension of application of 1997 Act. in respect of Darjeeling Gorkha Hill Council (DGHC), the District Inspector of Schools, DGHC was directed by a memo dated 16th September, 2010 to follow the usual procedure for appointment of non-teaching staff in secondary school under DGHC till the constitution of School Service Commission in hill area. Copy of the aforesaid memo as placed by Mr. Bari in Court is taken on record.

#9. Mr. Bari would submit that following the above procedure, the petitioners had been appointed as assistant teachers. There is no irregularity in the appointment. Independent of the above, it is submitted that the issue of regularization of voluntary teachers fell for consideration before this Court in several matters. Incidentally, in the case of Ajay Kumar Kharka in WPA 727 of 2023 a direction issued by the learned Single Judge for regularization of the teachers had travelled upto the Hon’ble 29 WPA 2506 of 2025 Division Bench of this Court. The Division Bench of this Court in the case of Gorkhaland Territorial Administration and Anr. v. Ajay Kumar Kharka in MAT 203 of 2023 by a judgment dated 13th September, 2024 reported in 2024 CHN JP 213(DB) by relying on the judgment delivered in the case of Gorkhaland Territorial Administration & Ors. v. Thinley Bhutia & Ors., in MAT 170 of 2023 which dealt with the authority of the government to intervene in the process of permanently appointing non-teaching staff and/or grant of approval was, inter alia, please to return a finding that the principle espoused in the decision delivered in the case of Thinley Bhutia & Ors. (supra), are also to be applied in respect of the writ petitioners as assistant teacher appointed on temporary basis in the government aided schools during the subsistence of vacancies in the permanent sanctioned post otherwise the equality enshrined in Article 14 of Constitution of India will be seriously infringed and accordingly, by noting in the said case that the writ petitioner was appointed temporarily against the vacancy of the permanent post in Government aided school held no official sanction or approval from the State Government is necessary and had accordingly dismissed the appeal thereby affirming the order passed by the learned Single Judge. 30 WPA 2506 of 2025

#10. Mr. Bari, has also placed reliance on the judgment delivered in the case of Kishan Rai & Ors. v. Gorkhaland Territorial Administration Council, Lalkuthi & Ors., by a Co-ordinate Bench of this Court reported in 2024 Supreme (Online) (Cal) 4680, and the case of State of Uttar Pradesh & Ors. V. Avind Kumar Srivastava & Ors., reported in (2015) 1 SCC 347 to inter alia, contend that when a particular set of employees is given relief by a Court all other identically situated person under it need to be fitted alike by extending such benefit. If any contrary principle is applied the same would tantamount to violation of Article 14 of the Constitution of India. By relying on the above judgment in the said case of Kishan Rai & Ors. (supra) as well the Court had directed regularization of the petitioners who had already been appointed by the Managing Committee of the school in the respective sanctioned posts. He has also placed reliance on the judgment delivered by the Hon’ble Supreme Court in the case of National Insurance Company Limited v. Pranay Sethi & Ors., reported in (2017) 16 SCC 680 on the concept of binding precedent. As such in the facts of the case since the petitioners who are the teachers and are similarly placed, should also be extended the similar benefit of regularization.

#11. Ms. Singh, learned advocate appears on behalf of the GTA. She has, by relying on the affidavit-in-opposition, claimed that it is 31 WPA 2506 of 2025 within the competence of the GTA to approve the appointments having regard to the provisions contained in Section 26 of the said Act, however, subject to the condition that the vacant posts are to be filled up with the concurrence of the State Government. She also pointed out that in respect of according approval to the appointment of 313 assistant teachers, a writ petition was filed before this Hon’ble High Court challenging the approval already granted by the GTA and the State, on the ground that the appointments have been made without following the provisions of 1997 Act. Although, an interim order of stay was granted in relation to 313 assistant teachers who had been approved, the Hon’ble Division Bench of this Court by an interim order dated 24th December, 2025 in MAT 107 of 2025, after considering the submissions of all the parties while inviting exchange of affidavits had stayed the operation of the order for a limited period. She would also add that the said interim order passed by the Hon’ble Division Bench of this Court is still in force.

#12. While responding to a query from the Court as to whether any steps had been taken pursuant to the order dated 12th November, 2024 passed by the co-ordinate bench of this Court in the case of Kishan Rai & Ors. (supra) directing regularization of service of teaching staff, Ms. Singh has placed before this Court a memo dated 20th November, 2025 issued by 32 WPA 2506 of 2025 the Executive Director, Education Department, GTA- Darjeeling which would demonstrate that in terms of the direction issued by the Coordinate Bench of this Court on 12th November, 2024 in Kishan Rai & Ors. (supra), five several persons have been issued approval and the appointments have already been made from the date noted in such memo. Ms. Singh has also placed before this Court an additional report dated 8th April, 2026 to highlight the procedure followed by GTA for verification of eligibility of the assistant teachers who are considered for being approved for appointment. Let such report filed in Court be taken on record.

#13. Mr. Choudhury, learned Additional Advocate General has appeared and assisted this Court. He has placed before this Court diverse facts and figures, inter alia, including the total number of recommendations made so far by the GTA and the approval granted by the State. He has also drawn attention of this Court to the aforesaid facts and figures and submitted that GTA in all had initially made recommendation for regularization of 439 assistant teachers. Subsequently, a further recommendation was made in respect of 357 assistant teachers. These persons, according to the learned Additional Advocate General are already in employment in different schools. According to him, 439 assistant teachers have already been granted approval by the State upon obtaining necessary 33 WPA 2506 of 2025 concurrence from the finance department. Insofar as 313 out of 357 assistant teachers are concerned in principle the approval was granted. Though the State decided that their service shall be regularized, till date no approval has been granted from the State in absence of the concurrence from the finance department. While responding to a query from the Court he submits that considering the reservation policy, a hundred-point roster is ordinarily maintained in respect of the appointment to be made by the State. As such, in the instant case, the same should also be followed. He has also drawn attention of this Court to the interim order passed by the Coordinate Bench of this Court in WPA 1089 of 2023(Jashimuddin Mondal & Ors. v. The State of West Bengal & Ors.) along with WPA 1162 of 2025 (Trained Unemployed Youths Welfare Organisation & Anr. v. The State of West Bengal & Ors.). He has also drawn attention of this Court to the memo issued by the Executive Director, Education Department dated 25th June, 2018, where under all administrative heads of the secondary level schools under GTA and the Headmistress/Headmaster/Head Teachers of all secondary, primary and upper primary level of schools under the GTA were notified that no engagement of voluntary teacher in schools in GTA should be made. It was brought to the notice of this Court in the said memo it is recorded that during 34 WPA 2506 of 2025 scrutiny it had come to the notice of the authority that in many cases the candidates who did not possess requisite qualification are engaged whimsically and in violation of the order dated 30th July, 2010 issued by the DGHC.

#14. Mr. Choudhury, has also drawn attention of this Court to the notification dated 2nd March, 2016 whereby the West Bengal primary School Teacher Recruitment Rules had been published, though these matters do not concern the Primary School Teachers.

#15. Mr. Goswami, learned advocate appears for certain other sets of petitioners who are also similarly placed, and adopts the submissions made by Mr. Bari. He also placed reliance on the judgments delivered by a Coordinate Bench of this Court in WPA 299 of 2023 (Siddanth Rai & Ors. v. Gorkhaland Territorial Administration Council & Ors.) on 7th February, 2023 and WPA 316 of 2023 (Wangal Lepcha & Ors. v. The State of West Bengal & Ors.) passed on the same date as also the judgment delivered in the case of Balkrishna Limbu v. Gorkhaland Territorial Administration Council & Ors., reported in 2025 SCC OnLine Cal 1080. He submits in all the matters the parties have accepted the order and no appeal has been preferred.

#16. Having heard the learned advocate appearing for the respective parties, I find several petitioners who have been appointed by 35 WPA 2506 of 2025 the Managing Committee of the respective schools noted against their names in a list which has already been extracted hereinabove. It is not in dispute that the provisions of the said 1997 Act have remained suspended in the hill region. The aforesaid fact would corroborate from the memo dated 5th September, 2003 issued by School Education Department (Secondary Education), Government of West Bengal. It is also not in dispute that in the hill region several schools have been running with voluntary teachers appointed by the managing committee now for nearly two decades. It is also not in dispute that previously on the basis of orders passed by this Court from time to time several similarly placed petitioners have been accorded approval who had been appointed on temporary basis against a permanent sanctioned post. This fact would also corroborate from the excerpts of the resolution taken by the GTA in its Executive Sabha Meeting held on 3rd November,

#2023. In such meeting the issue of voluntary teachers was also taken up. To moreully appreciate the above, the said memo as placed before this Court by Ms. Singh is extracted herein below: “Issue of voluntary teachers engaged in Higher Secondary Schools in the GTA area was raised by Sri Sanchabir Subba, Hon'ble Deputy Chief Executive. The matter of Teacher-In-Charges working in the different schools were raised before the House. 36 WPA 2506 of 2025 After careful deliberation it was resolved that since no posts of Headmasters/Headmistress has been made in the GTA area for many years due to the non- formation of Regional School Service Commission, many teachers are working as TICs for many years, now, the matter shall be taken up with Department of School Education, Government of West Bengal so those eligible for becoming Headmaster/Headmistress specified qualification designated Headmaster/Headmistress for the time being without any financial benefit, and once Regional SSC is formed the GTA area, their case may be considered sympathetically. The process of recruitment to the posts of teachers in schools in the GTA area has been stalled for a long time due to non-formation of regional SSC. In this scenario, local educated youths having the requisite criteria to become teachers have been rendering voluntary service in the schools. They have devoted much of their time and energy to this cause without which many of the schools could not have functioned at all. It has been unanimously resolved by the Executive Sabha that: The issue of recruitment of voluntary teachers will be taken up immediately after formation of recruitment rules of teachers; Recruitment of voluntary teachers will be taken up against the sanctioned vacancies and fulfilment of subject criteria; 37 WPA 2506 of 2025 The Executive Sabha also acknowledged that fact that those genuine voluntary teachers have worked for a pretty long time without getting any remuneration, so it was also resolved that their cases would be considered sympathetically on humanitarian ground after formation of recruitment board, and process of new recruitment shall be initiated only after that The following agenda points pertaining to the Finance Department were moved by the Chief Controller of Finance, GTA. In the year 2002, the office of the District School Board Darjeeling. During the tenure of Darjeeling Gorkha Hill Councill conducted an interview for the primary teachers as per west Bengal primary school teachers recruitment rule 2001 within DGHC now GTA requisite qualification recruitment of primary teachers was school final (madhyamik passed) or its equivalent under the west Bengal Board of secondary education with one year BT training but it was very unfortunate that the whole procedure of appointment could not be completed in the stipulated period due to political disturbances within the hill reason. It is pertinent to be mentioned here that after the settlement of GTA, District School Board Darjeeling got an approval vide memo no 190-SE(EE)/9B-21/2012 dt.3/7/2012 (copy enclosed) of V. Sen Principle Secretary to the Govt. of west Bengal approval of recruiting primary teachers the panel of incumbents of 2002 had been approved and later 38 WPA 2506 of 2025 memo no 355-SSE/13.4A-47P-2013 dtd 6/6/2013 (copy enclosed) of secretary to the Govt. of west Bengal school education dept. Kolkata primary teachers in Category "A" and category "B" as per their professional (one year B.T) and academic qualification (madhyamik) or its equivalent at the time of interview they were appointed as a primary teachers under District School Board Darjeeling GTA memo no 391(1A-13 dt. 13/2/2013 (copy enclosed) on the basis of west Bengal primary teachers recruitment Rule

#2001. As a result of that and now ultimately tremendous difficulties has been created in relation to pension case of those teachers whose age is/are crossed 45 years and above on the other hand the teachers who were appointed in Category "A" and have one year B. T course certificate which has not been treated as valid certificate whereas the "A" category teachers have already been received the allowance of "A" category and now after their retirement the office of Uttar kanya is being refused to accept "A" category certificate and returning back all the documents to the office of DSB Darjeeling. Due to which the retired teachers whose age was more than 45 years and above while at the time of joining in service they are being deprived from getting their retiring benefits as pension, gratuity and other benefits. 39 WPA 2506 of 2025 Many teachers are also being deprived from their retiral benefits because of not completion of ten years of their service tenure. If we go through the G.O mentioned above in which categorically it has stated that" In the meantime School Education matter has been transferred to GTA as per provisions of section 26 under chapter || of the GTA Act. 2011 read with section (60) (1) of the said Act the Executive powers in relation to items of work Of DSB Darjeeling to GTA. It has further stated that GTA is the appropriate authority for according to approval 606 candidates to the post of primary teachers in the GTA". In view of the above facts and circumstances, the District School Board (P.E) Darjeeling has the ample authority to settle the problems arises in DSB in relation to Condonation of age of the teachers who are being deprived from their pensionary benefits and also for cashless notional benefits with effect from 31/12/2005 but no arrear will be admissible. salary The Executive Sabha unanimously resolved that the enhancement of remuneration for Gaga Tshering College Sukhia employees in the same manner as Ghoom Jorebunglow College. The House resolved to issue a corrigendum order accordingly.”

#17. I, however, notice as pointed out by the advocates for the parties that in respect of 313 voluntary teachers, an order was 40 WPA 2506 of 2025 passed by a co-ordinate Bench on 12th December, 2025 whereby such appointments were held to be illegal and following the same, the engagement of 313 voluntary teachers who had been regularized by Principal Secretary, School Education Department, Government of West Bengal was set aside and quashed. Incidentally, when a challenge to the above order came up for consideration before the Hon’ble Division Bench in appeal, in MAT 106 of 2025 (Sayal Mukhia & Anr. v. Jashimuddin Mondal & Ors.), with other matters, the Hon’ble Division Bench by noting the submissions of the parties including the stand taken by the learned Advocate General for the State in paragraph 12 of the order dated 24th December, 2025 was, inter alia, pleased to record and direct as follows: “12. Indisputably prior to the appointment of the 313 voluntary teachers about 100 teachers similarly situated with them were granted appointment on the basis of the orders of Court and about 439 teachers were approved on the basis of a Cabinet decision. The validity of such appointment has also been questioned in the writ petitions. As the memo dated 8th March, 2019 containing a decision regularize appointment of 313 Voluntary teachers has been set aside, prima facie, the issue of maintainability of the writ petition and the issue of validity of the appointment of the other teachers may not survive 41 WPA 2506 of 2025 for any decision in the writ petitions kept pending. The judgment delivered would have a dissimilar impact upon the prior appointment and create an anomalous situation in future. The collation of facts put together prima facie, reveals that 313 voluntary teachers had already rendered a long period of service and the alleged irregularities in such appointment are bereft of malicious intent or corrupt practices. The learned single Judge appears to have been focused too rigidly on their initial terms of appointment ignoring substantive reality of the prevailing political unrest and suspension of operation of 1997 Act.”

#18. The aforesaid order, according to the parties, is still subsisting. Although Ms. Singh, learned advocate has stated that in the light of the challenge already made, this Court should defer its consideration, I am of the view, simply because, a challenge to an approval is pending consideration at the instance of a third party, the same cannot stand in the way for this Court to consider the petitioners’ cause which are pending consideration before this Court. As noted above, the challenge in the case of Jashimuddin Mondal & Ors. (supra) is yet to be finally adjudicated. The writ petition is also pending at the interim stage.

#19. This apart, I find that the Division Bench of this Court in the case of Ajay Kumar Kharka (supra) in identical set of facts while taking note of the stand of the GTA that absorption in 42 WPA 2506 of 2025 permanent category cannot be done without the concurrence of the State Government, and while rejecting the challenge to grant of approval was, inter alia, pleased to observe as follows: “6. We have considered the rival submission of the learned counsels of the parties and also the decision of the Hon'ble Co-ordinate Bench in MAT 170 of 2023 wherein Section 26 of the GTA Act, 2011 and also the relevant notifications were taken into consideration. It is true that the present petitioner is an Assistant Teacher of a government aided school which is used to receive grants from the State Government from time to time. In this regard, the Hon'ble Co-ordinate Bench has been pleased to distinguish between government-run schools and government aided schools. The relevant paragraphs of 16 and 17 (MAT 170 of 2023) may be quoted herein below:- "16. Having heard the learned counsel for the parties and perusal of the records this Court is of the opinion that the Learned Single Judge's directive for the relevant respondent authorities to approve the appointments of the petitioners/respondent по. 1-37, contingent upon the fulfilment of eligibility criteria and following established procedural protocol, is legally sound and reasonable. As the State Government lacks the authority to intervene in the process of permanently appointing non-teaching staff, and no official sanction or approval mandated government-aided educational institutions, unlike government-run schools. The procedural and statutory limitations cited by the appellants, including the requirement of state 43 WPA 2506 of 2025 government's concurrence for filling vacant posts, do not override the directive for verification and approval conducted by the relevant authorities.

#17. Therefore, as the managing committee of each aided school is obligated to deposit, on a monthly basis, its contribution towards the remuneration other mandated benefits with Administrator. The Administrator responsible for the disbursement, or ensuring the disbursement, of the salaries and allowances to the employees of the aided schools within the first week of each month. The managing committees of the respective schools herein respondents no. 41-65, in conjunction with the GTA, must recruit the qualified petitioners/respondent no. 1-37 in accordance with the criteria outlined in the Learned Single Judge's order."

#7. We do not find any cogent reason to differ with the reasons given by the Hon'ble Co-ordinate Bench since, in our view, the principles as espoused in the said decision are also be applied in respect of the respondent/writ petitioner, an assistant teacher appointed on temporary basis in a government-aided school, during subsistence of vacancy the permanent sanctioned post; otherwise the equality clause as enshrined in Article 14 of our Constitution will be seriously infringed. We have no doubt that as respondent/writ petitioner was appointed temporarily on the vacancy of permanent posts in a government aided school, no official sanction or approval from the State Government is necessary. In view of the above, we do not find any merits in 44 WPA 2506 of 2025 the present appeal. Accordingly, the same is dismissed. No order as to costs. The impugned judgment passed by the Learned Single Judge in WPA 727 of 2023 is hereby affirmed.”

#20. Records would reveal that in identical set of facts pursuant to the order passed in Kishan Rai & Ors. (supra), by memo dated 20th November, 2025 Assistant Teachers who had been appointed by the Managing Committee had been accorded approval. To morefuly appreciate the same, relevant memo is extracted herein below: 45 WPA 2506 of 2025

#21. I find that in the instant case, the petitioners’ claim to be working on temporary basis voluntary in sanctioned vacant post. The said stand of the petitioners is yet to be tested in a sense that final enquiry in this regard may be necessary for being undertaken by the GTA. However, having regard to the judgments delivered in Ajay Kumar Kharka (supra) and the judgments delivered by the Co-ordinate Bench in the case of Kishan Rai & Ors. (supra), Siddanth Rai & Ors. (supra), Wangal Lepcha & Ors. (supra), in my view, the respondents having regularized the appointment of other similarly placed candidates such benefit cannot be denied to the petitioners, if on scrutiny, it appears that the petitioners are similarly placed. For the said purpose, I am of the view that the GTA Education Department, at the first instance, must enquire the number of sanctioned permanent posts which have already been sanctioned in respect of the schools in the region and thereafter to ascertain the vacancy status in respect of each particular school and in the process as aforesaid, if it is found that the respective petitioners are working in sanctioned vacant posts and if, the respondents find on the basis of verification of the eligibility criteria of the respondents, the respective petitioners are eligible on the basis of the procedure as applicable in the State, then the permanent vacancies which are found to be vacant and have 46 WPA 2506 of 2025 not been filled up shall be filled up in accordance with the procedure and guidelines already available against such subject wise vacancies in terms of the observations made in the case of Kishan Rai & Ors. (supra).

#22. The above exercise must be completed by the concerned respondents on an expeditious basis preferably, within a period of 16 weeks from the date of communication of this order.

#23. With the above observations and directions, the writ petition is disposed of.

#24. Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Raja Basu Chowdhury, J.)