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Calcutta High Court (Appellete Side)

Betasi Das vs The State Of West Bengal & Ors on 16 June, 2010

Author: Jayanta Kumar Biswas

Bench: Jayanta Kumar Biswas

                                                          1




                           In The High Court at Calcutta
    16-06-2010                     Constitutional Writ Jurisdiction
                                            Appellate Side
       sb-9
.

W.P.No.12322(W) of 2010 Betasi Das

-vs-

The State of West Bengal & Ors.

Mr. Bikash Ranjan Bhattacharjee Mr. Subir Sanyal Mr. Soumya Majumdar Mr. Kamal Mishra ....for the petitioner Mr. Saikat Banerjee ........for the board Mr. Tulsidas Maity ....for the council The petitioner is challenging the amendments to the West Bengal Primary School Teacher Recruitment Rules, 2001 mentioned in the notifications dated May 19, 2009 and July 24, 2009. According to her, the amendments incorporated for deleting provisions for awarding of marks and for giving priority are ultra vires the provisions of arts. 14 and 16 of the Constitution.

Mr Banerjee and Mr Maity, counsel for the respondents, submit that vires of the amendment mentioned in the notification dated July 24, 2009 has already been upheld by a single bench of this court. Mr Bhattacharjee, counsel for the petitioner, prays for admission of the petition and an interim order permitting the petitioner to participate in the selection process that was initiated by publishing employment notice dated August 30, 2009.

Since the petitioner has questioned the vires of the rules and regulations, I think even in the face of the single bench decision relied on by counsel for the respondents it will be appropriate to admit the petition. I am, however, not inclined to grant any interim relief permitting the petitioner to participate in the selection process. Under the existing rules she is not entitled to participate in the process. The balance of convenience and inconvenience is entirely against making an interim order that she wants.

For these reasons, the petition is admitted. The respondents shall file opposition within three weeks; reply, if any, shall be filed by three days thereafter. Liberty to mention for out of turn hearing after four weeks. Certified xerox.

(Jayanta Kumar Biswas, J.)