Calcutta High Court (Appellete Side)
Abdul Hannan Mollah vs The State Of West Bengal & Ors on 16 June, 2010
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
1 16.06.2010
In The High Court at Calcutta ss Constitutional Writ Jurisdiction Appellate Side W.P. No. 30523 (W) of 2008 Abdul Hannan Mollah v.
The State of West Bengal & Ors.
with
CAN No. 1877 of 2010
Mr Arindam Sen ...for the petitioner.
Ms Sima Sengupta ...for the state.
The restoration application is allowed. The order dated February 24, 2010 is recalled and the art.226 petition is restored to file. Since I have determination to take up the petition for final hearing, I have invited counsel to argue the case.
It is submitted that the decision of the Chairman, South 24 Parganas District Primary School Council dated October 29, 2008 (at p.33) was made without considering the petitioner's case.
I do not find any merit in the argument. It is evident from the decision of the chairman that it was given after considering all relevant facts. The petitioner was never selected for the post of primary school teacher. The last general category candidate named in the panel obtained 42.72 marks. The petitioner obtained only 33.32 marks. Hence his claim that though his name was included in the panel, for undisclosed reasons he was not offered appointment, is baseless. The chairman has just said this. It is to be noted that the chairman gave the impugned decision in compliance with an order of this court dated January 29, 2008 previously made in an art.226 petition: W.P. No. 11707 (W) of 2007. The petitioner was never selected and hence there was no question of offering him appointment.
For these reasons, the petition is dismissed. No costs. Certified xerox.
(Jayanta Kumar Biswas, J.)