Calcutta High Court (Appellete Side)
Md. Ummar Ali vs The State Of West Bengal & Ors on 7 May, 2014
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
1
07.05.2014
srm
W.P. No. 13308 (W) of 2014
Md. Ummar Ali
Versus
The State of West Bengal & Ors.
Mr. Subrata Mukhopadhay,
Mr. Somnath Baksi,
Mrs. Basabi Roychowdhury
...For the Petitioner.
Mr. Subrata Ganguly
...For the State.
Mrs. Asha G. Gutgutia
...For the NCTE.
None appears on behalf of the respondent‐School Service Commission in
spite of service of copy of this writ application upon them. Let affidavit‐of‐ service be kept on record.
This writ application is filed by the petitioner challenging the legality of the "Public Notice" issued under Memo No.209/5277/CSSC/ESTT/2014 dated January 29, 2014. One of the main grounds for challenge is that the successful candidates of Teachers Eligibility Test in connection with the 12th Regional Level Selection Test (AT), 2011 are entitled to get the certificate on the basis of which a successful candidate in the Teachers Eligibility Test is entitled to enjoy the benefit of his result for a maximum period of seven years in accordance with the guidelines for conducting Teachers Eligibility Test framed by the National Council for Teachers Education.
In the matter of Shantanu Biswas vs. The State of West Bengal & Ors. (In Re: W.P. No.7388 (W) of 2014), it was submitted on March 20, 2014 by the learned Advocate General, West Bengal, on instruction from the respondent‐ 2 School Service Commission, that the above matter was under consideration of the respondent‐School Service Commission. It was also submitted by him that the respondent‐School Service Commission would not proceed further on the basis of the impugned "Public Notice" till any decision was taken in the above matter. He prayed for adjournment of hearing of that matter to enable the respondent‐School Service Commission to arrive at a decision with regard to the above aspect of the matter.
The hearing of this matter stands adjourned to June 10, 2014 and this matter will appear in the Daily Supplementary Cause List on that date under the same heading.
In view of the admitted fact that the grant of certificate to the successful candidates of Teachers Eligibility test in connection with the 12th Regional Level Selection Test (AT), 2011 is under consideration of the respondent‐School Service Commission, the respondent‐School Service Commission is restrained from proceeding further on the basis of the impugned "Public Notice" till June 30, 2014 or until further orders whichever is earlier.
( Debasish Kar Gupta, J. )