Delivering the order, the Division Bench of Acting Chief Justice Bhaskar Bhattachayra and Justice Prasenjit Mandal expressed displeasure over the failure of the Director School Education to file a status report and an action taken report on corporal punishment in compliance with the order passed on October 30.

Advocate Tapash Bhanja had filed a PIL in May, 2009 alleging that five-year-old Babli Ghosh, a student of Andal Girls School in Burdwan district, died on May 14 after she was allegedly punished by a teacher. In his petition, Bhanja also said that the state government has failed to stop corporal punishment in schools .

In February 2004, the Calcutta High Court had directed the state government to take necessary steps to stop corporal punishment in schools across the state. The High Court had then observed that the school education department should launch an awareness programme among the teachers and parents on corporal punishment. Bhanja also alleged that the Director of School Education intentionally did not place the report and urged the court to issue a contempt rule against Mukherjee.