Calcutta High Court (Appellete Side)
Biswajit Das & Ors vs The State Of West Bengal & Ors on 19 May, 2010
Author: Biswanath Somadder
Bench: Biswanath Somadder
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19. 5.2010.
ap W.P. 8748 (W) of 2010.
Biswajit Das & Ors.
Vs. The State of West Bengal & Ors.
Mr. Samir Ghoshal ... For the petitioners.
Mr. Abhijit Basu ... For the State.
Mr. P.S. Bhattacharya ... For the Council.
Affidavit of service filed in Court today be kept on record. Learned advocate appearing on behalf of the writ petitioners at the outset prays for leave to withdraw the writ petition so far as writ petitioner nos. 2 to 6 are concerned with liberty to the said petitioners to file afresh.
Such leave is granted. The writ petition shall be dismissed as withdrawn insofar as the writ petitioner nos. 2 to 6 are concerned with liberty to file afresh, if so advised.
Heard the learned advocates for the parties.
The writ petitioner no.1 has participated in the selection process for the post of primary teacher conducted by the District Primary School Council, Dakshin Dinajpur. The grievance of the writ petitioner is that although he is holding requisite qualifications and is otherwise eligible, the concerned District Primary School Council has arbitrarily refused to issue appointment letter in his favour.
2According to the learned advocate for the petitioner, the concerned District Primary School Council has not taken into consideration the fact that the writ petitioner holds requisite qualifications having a junior diploma certificate which is superior to the academic level of the present Madhyamik Examination. He submits that the writ petitioner is also well conversant in the language he has applied for in respect of the post of primary teacher based on the advertisement published in the newspaper on 30th August, 2009. In such circumstances, he submits that there is no bar on the part of the concerned District Primary School Council for issuance of appointment letter.
After considering the facts and circumstances of the instant case, I am of the view that this matter cannot be decided finally without calling for affidavits.
Accordingly, let affidavit in opposition be filed within a fortnight after reopening of the Court after summer vacation. Reply, if any, be filed within a week thereafter.
Matter shall appear under the heading 'For Final Disposal' in the monthly combined list of July 2010.
In view of what has been observed hereinbefore, it appears that the writ petitioner has made out a prima facie case for an interim protection. Accordingly, the District Primary School Council, Dakshin Dinajpur, is directed to keep one post vacant till the disposal of the instant writ petition.
Urgent photostat certified copy of this order, if applied for be given to the learned advocate for the parties.
(Biswanath Somadder, J.) 3 4