Calcutta High Court (Appellete Side)
Sk. Dilwar Hossain vs The State Of West Bengal & Ors on 7 December, 2010
Author: Biswanath Somadder
Bench: Biswanath Somadder
1 07.12.10
(SKB) M/L W.P. No. 15189(W) OF 2010 Sk. Dilwar Hossain Versus The State of West Bengal & Ors.
Mr. Labanyamoy Sarkar....for the petitioner.
Mrs. Dalia Bhattacharya....for the Council.
By consent of the parties, let this matter be treated as on day's list. Affidavit of service filed in Court today be kept on record. Having heard the learned advocates for the parties and upon perusing the instant writ petition, it appears that the grievance of the petitioner is against the District Primary School Council, North 24 Parganas. It has been contended by the petitioner that although the concerned Primary School Council has selected him for the post of assistant primary teacher on merit, but the appointment letter has not been issued and his candidature has been stated to be 'held over'. In this regard, learned advocate for the writ petitioner refers to an order passed by another learned Single Judge of this Court on 25th April, 2008, in W.P. 7292(W) of 2008, whereby the petitioner was permitted to appear for the interview and wherein it was observed that the writ petitioner would be considered on par with other sponsored candidates for such selection.
After considering the submissions made by the learned advocates for the parties and upon perusing the instant application, it appears beyond any shadow of doubt that the petitioner has been selected for the post of assistant primary teacher by the concerned Primary School Council on his own merit. The concerned Council has, thereafter, obviously acted on the basis of the directions contained in the order dated 25th April, 2008, by allowing the petitioner to participate in the selection process. Thus, there cannot be any valid justification 2 for withholding issuance of the appointment letter in favour of the petitioner, subject of course, to the approval of the Director of School Education, Government of West Bengal. The petitioner is, thus, entitled to get relief from this Court.
In such circumstances, the instant writ application is disposed of with a direction upon the Director of School Education, West Bengal, to take appropriate steps in the matter and grant approval in favour of the petitioner, in the event he conforms to and fulfils all statutory requirements necessary for the purpose of securing his appointment. It is expected that the Director of School Education, West Bengal, shall take a decision with regard to the above, as expeditiously as possible, preferably within a period of four weeks, but not later than six weeks from date of communication of a photostat certified copy of this order. In the event, the Director of School Education, West Bengal, grants approval in favour of the writ petitioner, the Chairman of the concerned Council shall issue appointment letter in favour of the writ petitioner within a week therefrom.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.
(Biswanath Somadder, J.)