Calcutta High Court (Appellete Side)
Munmun Mondal vs The State Of West Bengal & Ors on 22 April, 2014
Author: Debasish Kargupta
Bench: Debasish Kargupta
1
22.04.2014.
rc
W.P. No. 11743(W) of 2014
Munmun Mondal
Versus
The State of West Bengal & Ors.
Mr. Manoranjan Jana
Mr. Radhasyam Maiti ... For the Petitioner.
None appears on behalf of the respondents in spite of service of
copy of this writ application upon the above respondent. Let affidavit‐ of‐service be kept on record.
This writ application is filed by the petitioner assailing the clause 2(a) of the "Public Notice" issued by the respondent‐School Service Commission under Memo No. 209/5277/CSCC/ESTT/2014 dated January 29, 2014. By virtue of the above Notice, applications are invited from the eligible candidates to appear in the "Teachers' Eligibility Test" for appointment of teachers of classes V to VIII of Non‐ Government Aided Educational Institutions in the State of West Bengal. According to the clause under reference only pass graduate teachers for classes V to VIII of the above Institutions will be selected through "Teachers Eligibility Test" as per selection procedure as stated in the "Brochure". According to the petitioner, she is eligible for participation in the above selection process for the post of teachers in Work Education for classes V to VIII of Non‐Government Aided Educational Institution in the State of West Bengal. 2 The same and/or identical issue was taken up for consideration in the matter of Rabin Kumar Mandal vs. The State of West Bengal & Ors. (In Re: W.P. No.3751 (W) of 2014) and the same was disposed of on March 3, 2014.
The relevant portions of the above order are quoted below:
"Having heard the learned Counsel appearing for the respective parties as also after considering the provisions of Table 5 (as amended) of the said Rules, 2007, I find that the conditions prescribed in clause (a) of Paragraph 2 of the Public Notice issued under Memo No.209/5277/CSSC/ESTT/2014 dated January 29, 2014 are not applicable for participation in the selection process under reference for appointment of teachers in Work Education for classes V to VIII of the Non‐Government Aided Educational Institutions in the State of West Bengal. Therefore, the provisions of clause (a) of paragraph 2 of the above Public Notice dated January 29, 2014 are quashed and set aside so far as the candidates for the post of Teachers in Work Education for classes V to VIII of the Non‐Government Aided Educational Institutions in the State of West Bengal are concerned.
I make it clear that the eligible candidates for appointment to the post of Assistant Teachers in Work Education for classes V to VIII of Non‐Government Aided Educational Institutions in the State of West Bengal are not under obligation to participate in the "Teachers' Eligibility Test" in connection with the selection process which has been initiated by the respondent‐School Service Commission by the above Public Notice dated January 29, 2014.
The writ petition, is, thus, disposed of.
However, there will be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties, on priority basis."
In view of the above order no further order need to be passed in this writ application for enabling the petitioner to participate in the selection process under reference without appearing in the Teachers Eligibility Test.
With the above observation, this writ application is, thus, disposed of.
There will be, however, no order as to costs.
3Urgent photostat certified copy of this order be supplied to the parties, if applied for, subject to compliance with all necessary formalities.
( Debasish Kar Gupta, J. )