High Court stays quashing of 313 GTA teachers’ appointments for 12 weeks

DARJEELING: The Division Bench of the Calcutta High Court stayed a Single Bench order quashing the appointment of 313 teachers of the Gorkhaland Territorial Administration (GTA) region for 12 weeks.

The Jalpaiguri Circuit Division Bench, comprising of Justice Tapabrata Chakraborty and Justice Biswaroop Chowdhury, after hearing the matter on Tuesday, issued an order on Wednesday, staying the order of Justice Biswajeet Basu that had quashed the appointment of the 313 teachers on December 17, declaring their appointments illegal. The ruling had sparked widespread protests, with teachers’ organisations calling for an indefinite closure of all schools across the hills. The teachers had then approached the Division Bench of the Calcutta High Court.

Incidentally, the 313 teachers were regularised in March 2019 through a letter by the School Education Department. The Division Bench in the order observed: “The Single Judge appears to have focused too rigidly on their initial terms of appointment ignoring the substantive reality of the prevailing political unrest…”

Abhratosh Majumdar, appearing for the appellants submitted that there was a complete breakdown of law and order situation in hilly areas of the State of West Bengal due to the outbreak of the Gorkhaland movement. The operation of the West Bengal School Service Commission (Hilly Region) was suspended by a notice of the school education department dated September 5, 2003. In the backdrop of such political unrest, there was no recruitment to the post of teachers in the GTA area. Schools in the GTA area have become entirely reliant on voluntary or temporary teachers—local educated youths who step forward to offer their services. In light of the impugned judgment, the students would also suffer, as they are scheduled to appear for the Madhyamik examination in February 2026.

He further argued that about 100 voluntary teachers have already been regularised on the basis of the orders passed by the Court. About 439 voluntary teachers appointed prior to 2007 were also approved and regularised by the Cabinet. In view of this, no different yardstick can be applied to the 313 voluntary teachers in similar circumstances.

“The Division Bench further ordered the parties to submit their affidavits within a period of four weeks after the vacation. The matter would be taken up for further consideration before the next available Circuit Bench” stated Regan Lama, representing the GTA.

Anit Thapa, GTA chief addressing the 313 teachers after the stay order was granted, said the Chief Minister had personally called to convey her good wishes.

He thanked those who moved the court, noting that pending issues, including salary and leave concerns, would now be resolved. Referring to criticism on social media, he urged teachers not to feel intimidated and to stand firm. “The present legal relief indicates signs of future success,” stated Thapa adding that those speaking of “backdoor entries” had a “thief mentality.”