Calcutta High Court (Appellete Side)
Saumik Dandapath vs The State Of West Bengal & Ors on 17 March, 2011
Author: Biswanath Somadder
Bench: Biswanath Somadder
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17. 3.2011.
ap W.P. 24607 (W) of 2010.
Saumik Dandapath
Vs.
The State of West Bengal & Ors.
Mr. Ekramul Bari
Mr. K.M. Hossain
Mrs. Tanuja Basak
... For the petitioner.
Mr. Tulsidas Maity
... Fort he Council.
Affidavit of service filed in Court today be kept on record. After considering the submissions made by the learned advocates for the parties and upon perusing the instant writ petition, it appears that the writ petitioner is seeking appointment on compassionate ground in the 'died-in-harness' category upon the death of his father, who was an approved Headmaster of Petbindhi D.K. M. High School situated under the District Primary School Council, Paschim Medinipur.
The writ petitioner is aggrieved by the decision rendered by the Director of Schools Education, Government of West Bengal, as communicated to his by the Chairman, District Primary School Council, Paschim Medinipur, vide memo no.3065/E.S. dated 24th August, 2010. The said communication in its entirety is reproduced hereinbelow:
"In reference to the above memo he is hereby informed that proposal for appointment can not be approved as the family can not be treated as financially distressed in terms of memo. No.331-SE (Pry.) dated 26.6.2009. The above quoted communication indicates that no reason has been cited as to why the deceased teacher's family cannot be treated as financially distressed. The language of the communication appears to be quite cryptic and terse.2
In such a fact situation, it is the bounden duty of the authorities to give cogent reasons. Although it is true that a decision rendered by an authority following certain statutory norms and guidelines cannot be ordinarily interfered by the writ court. However, if the decision making process for the purpose of arriving at such a decision smacks of arbitrariness, the same is open for judicial review. The fact situation of the instant case warrants such interference, this Court, therefore, has no manner of hesitation at all in setting aside the memo dated 27th July, 2010, issued by the Director of School Education, Government of West Bengal, and the consequential memo issued by the Chairman, District Primary School Council, Paschim Medinipur, being the memo no.3065/E.S. dated 24th August, 2010.
The Director of School Education, Government of West Bengal, shall render a decision afresh, supported with cogent reasons taking into consideration the relevant Rules governing appointment on compassionate ground under the 'died-in-harness' category as applicable in the facts of the instant case.
It is expected that the Director of School Education, Government of West Bengal, shall take a decision in the matter in terms of this order as expeditiously as possible, preferably within a period of twelve weeks, but not later than sixteen weeks from date of communication of a photostat certified copy of this order.
With the above observations, the instant writ petition stands disposed of. Urgent photostat certified copy of this order, if applied for, be given to the learned advocate for the parties.
(Biswanath Somadder, J.) 3 4 5