Calcutta High Court (Appellete Side)
Md. Anwar Habib vs The State Of West Bengal & Ors on 30 July, 2018
Author: Protik Prakash Banerjee
Bench: Protik Prakash Banerjee
Form No.J(2) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side Present : The Hon'ble Mr Justice Protik Prakash Banerjee W.P.No.11752(W) of 2018 Md. Anwar Habib
-vs-
The State of West Bengal & Ors.
Mr. Samm ul Bari
Mr. Ali Ahsan Alamgir ....for the petitioner
Mr. Sougata Bhattacharya
Ms. Saheli Mukherjee ...for the State
Mr. Yusuf Ali Dewan
Ms. Madhurima Sarkar ...for the Commission
Heard on : July 30, 2018
Judgment on : July 30, 2018
Protik Prakash Banerjee, J: The reasoned order (Annexure P6 at p.30) dated December 15, 2016 passed by the Secretary, West Bengal Madrasah Service Commission - pursuant to an order of this court passed in WP No.24609(W) of 2014 dated October 4, 2016 - alleges that the only reason why the writ petitioner, though eligible to be recommended for compassionate appointment who is appearing as serial no.18 before the Commissioner where nine vacancies are admittedly to be filled up under the compassionate appointment category out of total ninety vacancies, is not recommended, because though having essential qualifications, allegedly he did not have a desirable qualification of knowledge and skill in operating and using computer and type.
Unfortunately, this finding is contrary to the materials on record. Since long before the date of passing the reasoned orders, at least as far back as on March 1, 2013 and March 15, 2013, the writ petitioner had acquired such desirable qualifications which were before the authorities from at least June 16, 2014.
Accordingly, the order dated December 15, 2016 is based on materials which are contrary to the record and/or shows non-application of mind to the materials on record. In either case the said order is perverse to the extent of requiring interference by this court.
Accordingly, the order dated December 15, 2016 stands set aside and quashed. The writ petitioner shall be entitled to be suitably upgraded in the list in the panel of vacancies pertaining to the compassionate appointment category after considering that he has both essential and desirable qualifications. The question of appointment depends upon recommendation made by the Madrasah Service Commission. This naturally is not binding on the Madrasahs. The appointment, if made, will pertain to the state level selection tests of 2012; and if any appointment is made, it shall be subject to the result of the decision of the Hon'ble Supreme Court.
I have not called for any affidavit, since my decision is based on the admitted facts.
The writ petition is allowed to this extent. No costs.
Certified website copy of this order, if applied for, shall be given to the parties.
(Protik Prakash Banerjee, J) Subrata