Calcutta High Court (Appellete Side)
Goutam Sarkar vs The State Of West Bengal & Ors on 14 March, 2014
Author: Debasish Kargupta
Bench: Debasish Kargupta
14.03.2014.
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W.P. No. 7348(W) of 2014
Goutam Sarkar
Versus
The State of West Bengal & Ors.
Mr. Sudipta Dasgupta ... For the Petitioner.
Mr. S. Bhattacharya ..for the State
None appears on behalf of the respondents‐ School Service
Commission in spite of service of a copy of this writ application upon them. Let the 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 respondents‐school service commission under Memo No. 209/5277/CSCC/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 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, he is eligible for participating the selection process for the post of teachers in Physical Education for classes V to VIII of Non‐ Government Aided Educational Institution in the State of West Bengal. The same and/or identical issue was taken up for consideration in the matter of Sk. Masud Rahaman vs. The State of West Bengal & Ors. (In Re: W.P. No.3750 (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 the provisions of second schedule to the said Regulation, 2001, 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 Physical 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 Physical Education 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 of Physical Education for class V to VIII of non‐government aided educational institutions in the State of West Bengal are not under obligation to participate in the "Teacher 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. Urgent 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.)