Calcutta High Court (Appellete Side)
Laltu Mistry & Ors vs The State Of West Bengal & Ors on 8 July, 2019
Author: Shampa Sarkar
Bench: Shampa Sarkar
1 08.07.2019
srm W.P. No. 18346 (W) of 2018 With CAN 4457 of 2019 (Unlisted) Laltu Mistry & Ors.
versus The State of West Bengal & Ors.
Mr. Ekramul Bari, Syed Mansoor Ali, Mrs. Tanuja Basak ...for the Petitioners.
Mr. Supriyo Chattopadhyay, Ms. Iti Dutta ...for the State.
Let affidavit‐of‐service filed in Court today be taken on record.
Re: CAN 4457 of 2019 With the consent of both the parties, the application for expunging the name of Kanailal Das, being the petitioner No.3, from the cause title bearing CAN 4457 of 2019 is taken up for hearing treating the same as on day's list.
It is submitted on behalf of the petitioners that CAN 4457 of 2019 has been filed for expunging the name of the petitioner No.3, who does not want to continue with the proceeding. 2 The application bearing CAN 4457 of 2019 is allowed by expunging the name of Kanailal Das, the petitioner No.3, from the cause title of the writ petition.
The office is directed to carry out the order of the Court by deleting the name of the petitioner No.3 from the writ petition.
Re : W.P. No. 18346 (W) of 2018 The allegation of the petitioners is that the petitioners participated in the 1st SLST, 2016 for recruitment to the post of Assistant Teachers for Class IX‐X (Secondary Schools) in History and Life Science respectively. The vacancy declared at the relevant point of time in the advertisement was as follows:
"a. PH‐OH..........Male/Female...............3 b. PH‐ANY..........Male/Female............10 c. PH‐H1..........Male/Female...............15 d. PH‐H1..........Female.......................2 e. PH‐VH..........Male/Female...............3 f. PH‐VH.......... Female......................5 and for Life Science (Grad) in vacancy was : ‐ a. PH‐ANY..........Male/Female...............26 b. PH‐ANY.......... Female.....................4 c. PH‐H1..........Male/Female..................17 d. PH‐H1.......... Female.........................3 e. PH‐VH..........Male/Female..................14 f. PH‐VH.......... Female.........................7"3
It is the contention of the petitioners that the petitioners having loco motor disability/orthopaedic disability should have been appointed had the proper reservation procedure been followed. According to the petitioners, the Commission was obligated to reserve the 12th, 42nd, 72nd vacancies in rotation for persons with blindness or low vision, hearing impairment and loco motor disability or cerebral palsy. It is the submission of the petitioners that both the petitioners would have been appointed had the proper reservation system been followed. The petitioners have made a representation before the Joint Secretary, School Education Department, Government of West Bengal alleging that the Commission was not following the reservation policy in terms of the existing law, i.e. Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
This writ petition is disposed of with liberty to the petitioners to approach the Secretary, School Education Department, West Bengal with by filing a proper representation ventilating their grievances. If such representation is made within a period of two weeks, such authority will dispose of the same in accordance law. The said authority while disposing of the matter should also give a hearing to the petitioners and an authorised officer of the NCTE. The reasoned order should be passed 4 and communicated to all concerned within a period of eight weeks from the date of receipt of the representation of the petitioners.
This writ petition is, thus, disposed of. There will be, however, no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.
(Shampa Sarkar, J.)