Calcutta High Court Seeks Personal Appearance Of School Headmistress For Non-Compliance Of Court's Directions Regarding Issuance Of No-Objection Certificate

The Calcutta High Court on Tuesday sought the personal appearance of a school headmaster for not complying with an earlier order of the Court wherein the concerned school had been instructed to file an affidavit enumerating as to why a no-objection certificate (NOC) could not be granted to the petitioner.

Justice Abhijit Gangopadhyay noted that the earlier order of the Court dated January 21, 2022 had been communicated by email to the school authorities on January 24, 2022. Furthermore, it was recorded that despite the Court's directions no affidavit enumerating the reasons for non-issuance of the NOC had been filed by the school authorities on January 28, 2022. 

"Despite having the said copy of the order of this court dated 21st January, 2022, neither the school filed any report in the form of an affidavit nor the school granted the petitioner no-objection", the Court observed. 

During the hearing on Tuesday, the counsel appearing for the petitioner apprised the Court that the headmaster vide a letter dated January 29, 2022 had directed the petitioner to submit the order of the Court issued on January 28, 2022. Furthermore the Court was informed that the petitioner had submitted a copy of the order dated January 21, 2022 to the school on January 25, 2022. 

Accordingly, the Court sought the personal appearance of the school headmaster and further remarked, 

"This court is surprised by the letter of the school sent to the petitioner via email dated 29.01.2022 demanding order of this court dated 28.01.2022.In such circumstances I direct the headmaster of the school to appear personally on 08.02.2022 at 10.30 a.m. before this court either with the no-objection certificate or with the report if the school thinks that no- objection cannot be issued to the petitioner. The report should be in the form of an affidavit."

The Court further directed for the instant order to be communicated by the petitioner via email to the school immediately and that it would be treated as a good service.

Accordingly, the matter has been listed for further hearing on February 8. 

In a related matter, the High Court vide order dated August 23, 2021 had reprimanded a school Headmistress for deliberately refusing to issue a No-Objection Certificate (NOC) and a release order to a teacher who had sought leave to get transferred to another school on health grounds. The Court had also instructed the concerned Headmistress to vacate her post and accordingly demoted her to the post of an assistant teacher in the school.

Case Title: Mostafizur Molla v. The State of West Bengal & Ors

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