Calcutta High Court (Appellete Side)
Anima Singh vs The State Of West Bengal & Ors on 21 January, 2022
Author: Abhijit Gangopadhyay
Bench: Abhijit Gangopadhyay
21.01.2022 Item No. 17 Ct. No.17 S.A. WPA 17896 of 2021 (Via Video Conference) Anima Singh
-vs-
The State of West Bengal & Ors. Mr. H. Barui Mr. B. Das ...for the petitioner Mr. Swapan Banerjee Mr. Sougata Mitra ...for the State Mr. Santanu Kumar Mitra ...for the WBBSE Dr. Sutanu Kumar Patra Ms. Supriya Dubey ...for the SSC The case of the petitioner is that though she got the appointment letter from the President of the West Bengal Board of Secondary Education as a clerk in Kharagpur Hitakari High School, the school has not allowed her to join because the school is purely Hindi medium school and the petitioner did not have Hindi language in any of her courses as is mentioned in Rule 5 of West Bengal School Service Commission (selection of persons for appointment to the post of non-teaching staff) Rules, 2009.
I do not blame the school for not allowing her to join because the mistake is on the part of the School Service Commission. Unless the School Service Commission recommend, the Board cannot issue the appointment letter. I direct the School Service 2 Commission to issue a new recommendation letter in an appropriate school of Bengali medium because the petitioner all throughout underwent her education in Bengali medium institutions. Such recommendation is to be made immediately within two weeks from the date of communication of this order. The School Service Commission should take immediate steps because this is a case of death in harness which is to be kept in mind.
Learned advocate for the School Service Commission submits that the School Service Commission should be allowed to verify the educational qualification papers and other records of the petitioner to know whether there was any mistake on the part of the Commissioner. I make it clear that if the Commission finds that there is no mistake on the part of the Commission as to recommendation of the petitioner in the said school mentioned above, in that event a report is to be filed by the Commission before this Court by two weeks from date when appropriate order will be passed.
I am adjourning this matter till 4th February, 2022 when it will appear under the heading "To Be Mentioned".
(Abhijit Gangopadhyay, J.)