Partly allowed

Swarup Dutta v. State of West Bengal and Ors.

Calcutta HC24 Jul 2024MAT/167/2024

Case brief

AI extract

What is this about?

The court disposed of an application for condonation of delay and an application for restoration of an appeal dismissed for default. The court also adjourned the main appeal MAT 167 of 2024 to allow the school respondent to reply to arguments regarding staff pattern and teacher strength.

What did the court decide?

Application for condonation of delay allowed; appeal restored; matter adjourned for fortnight to obtain reply from school.

Swarup Dutta Vs State of West Bengal and Ors. — Civil Procedure and Limitation | Calcutta HC (2024)

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Item22-04-2025 5.

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22-04-2025 MAT 167 of 2024 with IA No. CAN 2 of 2025 Aloke IA No. CAN 3 of 2025

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Ct. 8

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Swarup Dutta Vs.

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The State of West Bengal & Ors.

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Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra

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Ms. Pritha Biswas

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… for the appellant Ms. Koyeli Bhattacharyya Mr. Bibek Dutta Ms. Keya Panja

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…for the W.B.B.S.E.

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Mr. Sourav Mitra

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… for the Central School Service Commission

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Mr. Pinaki Dhole Mr. Ritesh Kr. Ganguly … for the State

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In Re : CAN 3 of 2025

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Affidavit-of-service filed in Court is taken on record.

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This is an application for condonation of delay. There is a delay of 215 days in preferring the memorandum of appeal.

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We are satisfied with the explanation offered for not being able to file the memorandum of appeal within the period of limitation. The cause being shown sufficient and accepted, we allow the application for condonation of delay.

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CAN 3 of 2025 is, thus, disposed of.

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In Re : CAN 2 of 2025

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This is an application for restoration of the appeal which

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was dismissed for default on 24.07.2024.

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We are satisfied with the explanations shown by the appellant for not being able to appear before the Court when the matter was taken up for hearing on 24.07.2024 and the matter was dismissed for default.

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The appeal being MAT 167 of 2024 along with CAN 1 of 2024 are restored to its original file and number.

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CAN 2 of 2025 is, accordingly, disposed of.

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In re : MAT 167 of 2024

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Learned counsel appearing for the appellant has filed supplementary affidavit to bring on record the staff pattern and the pupil teacher ratio. The said affidavit is taken on record.

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The appellant is directed to serve copies of the supplementary affidavit filed upon the respondents.

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Since the School is not represented, we direct the School to file an affidavit giving reply to the supplementary affidavit by the adjourned date.

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Mr. Sourav Mitra, learned counsel appearing for the Central School Service Commission submits that the application filed for transfer was on the ground of excess of 10% of the teachers strength. The school has to respond to the supplementary affidavit in order to enable the authority concerned on the decision of transfer.

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This matter is limited to the aforesaid issue and should be decided on the adjourned date.

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The matter stands adjourned for a fortnight.

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Appropriate notice be served upon the school.

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A responsible person from the school conversant with the matter shall be personally present in Court with the relevant records on the adjourned date.

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(Soumen Sen, J.)

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(Smita Das De, J.)

Swarup Dutta v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Swarup Dutta v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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