Calcutta High Court (Appellete Side)
In Re: Madhumati Ghosh vs State Of West Bengal & Ors on 7 January, 2020
Author: Tapabrata Chakraborty
Bench: Tapabrata Chakraborty
1
07.01.2020
Item No.58
Court No.15
Krishnendu
W.P. No. 21691 (W) of 2019
In re: An application under Article 226 of the Constitution of India filed on 21.11.2019;
And
In re: Madhumati Ghosh
- Versus -
State of West Bengal & Ors.
Mr. Yusuf Ali
For the Petitioner
Mr. Moloy Singh
Mr. Bhaskar Chakraborty
For the State
Mr. Ratul Biswas
For the Board
Affidavit of service filed by the petitioner be kept on record.
The present writ petition has been preferred primarily praying for the following
relief:
"(a) A writ of or in the nature of Mandamus directing and commanding
the respondents to appoint the petitioner to the post of Assistant
Teacher of Primary School under the Malda District Primary School Council, Malda;"
Mr. Ali, learned advocate appearing for the petitioner submits that the petitioner is a TET qualified candidate and participated in the selection process for appointment to the post of an assistant teacher in a primary school. He was called for the interview but was not empanelled. Aggrieved thereby, the petitioner approached this Court earlier by a writ petition, being W.P.15856 (W) of 2017, which was dismissed on 6th July, 2018 observing that the said order of dismissal will not preclude the petitioner to pursue the RTI application pending before the competent authority.2
Mr. Ali further submits that since the petitioner's application under section 6 of the Right to Information Act (in short, the said Act) was not disposed of, the petitioner preferred a first appeal in which an order was passed on 7th May, 2019 directing the S.P.I.O (RTI) of West Bengal Board of Primary Education to dispose of the petitioner's application within thirty days. The said order was also not complied with. However, in the midst thereof, the petitioner availed documents which would clearly reveal that the candidates securing less marks than the petitioner have been empanelled and appointed.
Mr. Biswas, learned advocate appearing for the Board submits that the petitioner approached the authorities under section 6 of the said Act and without exhausting the remedies as provided under the said Act, the petitioner has approached this Court and as such no interference is called for.
It appears from the records that no representation was submitted by the petitioner after availing the merit list of the empanelled candidates. The issue as to whether the candidates securing lesser marks than the petitioner have been appointed needs to be considered by the competent authority. In view thereof, the writ petition is disposed of granting liberty to the petitioner to submit a representation to the respondent no.4 ventilating such grievances, enclosing all relevant documents, within a period of three weeks from date.
Upon receipt of such representation, the respondent no. 4 shall consider the same and take a decision, in accordance with law, upon granting an opportunity of hearing to the petitioner and other interested parties, if any and to communicate such decision to the petitioner within a period of four weeks thereafter.
It is made clear that in terms of the order of the first appellate authority dated 7th May, 2019, the S.P.I.O (RTI) of West Bengal Board of Primary Education would be free to pass necessary orders as regards the information, as sought for by the petitioner. 3 There shall, however, be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all requisite formalities.
(Tapabrata Chakraborty, J.)