TEACHER-IN-CHARGE IN RELLING H.S SCHOOL TO BE REPLACED: Calcutta High Court directs appointment of Dr. Anita Lama as the New Teacher-in-Charge

Teacher-In-Charge were elected arbitrarily during the BGPM/TMC era, with many underqualified individuals being given charge of the school. This verdict opens room for senior teachers to reclaim their rightful place

The Calcutta High Court has directed the District Inspector of Schools, Darjeeling to appoint Dr. Anita Lama as Teacher-in-Charge of Relling Higher Secondary School. The appointment will replace the present Teacher-in-Charge, who was made in charge in 2024. The order was passed by Justice Suvra Ghosh at the Circuit Bench at Jalpaiguri in WPA No. 2254 of 2026.

The court ordered that the exercise be completed within four weeks from the date the order is communicated.

The decision was given, after a hard-fought case by advocates Anand Bhandari, Urgen Lama and Mayank Bhandari on behalf of Dr. Anita Lama.

Background of the case

Dr. Lama was appointed as a Casual Junior High School Teacher at Kainjaley High School on 2 June 2000 on a contractual basis. She subsequently served at Relling Higher Secondary School from 2012, where her service was regularised with effect from June 6, 2012.

After the Headmaster of the school retired, another individual supposed to be close to the then party in power TMC and BGPM was made Teacher-in-Charge in 2024, in contravention of the rules. He had been in service for only seven years at that time. He was appointed in 2017.

Dr. Lama moved the High Court seeking appointment as Teacher In Charge (TIC) in his place. She had all the requisite qualifications including completion of 12 years of service by 2024. She also holds a post graduate degree and has completed B.Ed.

In her favour, her counsels referred to two documents.

The first is a letter dated 6 October 2020 from the District Inspector of Schools, Secondary Education, Kalimpong. It was sent to the Headmasters of all High and Higher Secondary Schools in the district. It sets out the criteria for appointing a Teacher-in-Charge. A panel of three teachers is to be recommended. For a Higher Secondary School, they must have a post graduate degree and B.Ed, and at least 10 years of service. The panel is to reach the District Inspector of Schools one month before the existing Teacher-in-Charge retires.

The second is a letter dated 4 July 2014 from the Executive Director, Education Department, GTA, Darjeeling, to the District Inspector of Schools. It lays down three parameters:

1. If there is an Assistant Headmaster or Headmistress, that person should be given charge as Teacher-in-Charge.
2. If there is none, the senior most teacher with the required qualification should be given charge.
3. If neither is available, any teacher with the required qualification and ten years of service should be considered.

Though the counsel for the GTA told the court that the private respondent was appointed temporarily on the recommendation of the Managing Committee of the school, the court questioned the decision of the Managing Committee itself. The current TIC was not represented before the court, even though he had been served.

The court noted that both letters clearly require a minimum of 10 years of service. For a Higher Secondary School, they also require a post graduate degree and B.Ed.

The court recorded that it was not in dispute that Dr. Lama meets both criteria. While the current Teacher-in-Charge did not have the required ten years when he was appointed in 2024. The court also noted that, as informed, the current TIC is drawing salary in the Honours graduate scale, and not the Post-Graduate Scale.

On this basis, the court held that Dr. Lama is entitled to be appointed in place of the current TIC, who does not meet the criteria. The court directed the District Inspector of Schools, to take the necessary steps and complete the formality within the next four weeks.

This verdict opens room for senior teachers in all schools across the Gorkhaland Territorial Administration and the rest of the state, who were sidelined to make room for TMC/BGPM appointees, to reclaim their rightful place.

FULL ORDER