Calcutta High Court (Appellete Side)
Rakesh Kumar Hazra & Ors vs The State Of West Bengal & Ors on 24 June, 2010
Author: Biswanath Somadder
Bench: Biswanath Somadder
1 6.2010. W.P. No.13309 (W) of 2010.
P.b.
Rakesh Kumar Hazra & Ors.
Vs. The State of West Bengal & Ors.
Mr. Ashis Sanyal, Ms. Paromita Jati.
....For the Petitioner.
Mr. Tulsidas Maity.
....For the Council.
Ms. Santi Das.
....For the State.
In the absence of any jural relationship inter se the petitioners, the writ petition is liable to be dismissed so far as writ petitioners no.2 to 10 are concerned and shall survive in respect of the writ petitioner no.1, as the sole petitioner.
The grievance of the writ petitioner is against the District Primary School Council, Purba Midnapore. It has been contended by the writ petitioner that although he applied for the post of Assistant Primary Teacher before the concerned District Primary School Council, Purba Midnapore, by duly filling-up the prescribed application form, he has not been favoured with an admit card which would allow him to participate in a written test which is scheduled to be held on 27th June, 2010.
Learned advocate representing the District Primary School Council, Purba Midnapore, submits that while it is true that the writ petitioner put in his application for the post of Assistant Primary Teacher as a general candidate, he was not considered because he did not fall within the zone of consideration having obtained less percentage of marks in his Madhyamik examination than the cut off percentage of marks as determined by the District Primary School Council, Purba Midnapore.
Upon considering the respective submissions made by the learned advocate for the parties, I am of the opinion that the District Primary School Council, Purba Midnapore, was well within its right to determine cut off marks for the purpose of allowing applicants to appear in the written test for the post of Assistant Primary Teachers. The selection process initiated by the District Primary School Council, Purba Midnapore, cannot be faulted on that score.
In that view of the matter, I am afraid, no writ in the nature of mandamus can be issued in the facts and circumstances of the present case, directing the District Primary School Council, Purba Midnapore, to allow the writ petitioner to appear in the written test scheduled to be held on 27th June, 2010.
2The instant writ petition is liable to be dismissed and is hereby dismissed.
Urgent photostat certified copy of the order, if applied for, shall be given to the learned advocate for the parties as expeditiously as possible.
(Biswanath Somadder, J.)