Calcutta High Court (Appellete Side)
Santosh Kumar Majumder & Ors vs The State Of West Bengal & Ors on 16 December, 2010
Author: Biswanath Somadder
Bench: Biswanath Somadder
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16.12.10
(SKB)
W.P. No. 18405(W) OF 2010
Santosh Kumar Majumder & Ors.
Versus
The State of West Bengal & Ors.
Mr. Moloy Bose, Sr. Advocate,
Mr. Tulshidas Ray....for the petitioners.
Mr. Monoj Roy,
Mrs. Dalia Bhattacharya,
....for the Council.
Mr. K. J. Yusuf .....for the State.
Deficit court fees has been paid under filing no.A18279 dated 14th
December, 2010.
The petitioners have approached this Court by filing the instant writ
petition claiming to be eligible candidates who have participated in the
recruitment process initiated by the District Primary School Council, North 24
Parganas (hereinafter referred to as the 'Council'). It has been specifically
contended that they are all sponsored candidates, who have been sponsored by
their respective employment exchanges to fill-up the vacancies for the year 2006.
At the time of hearing of the matter, it transpires that a total of 3965 (three
thousand nine hundred and sixty five) vacant posts were notified in the year
2006, for the purpose of recruitment of primary school teachers in the district of
North 24 Parganas from the candidates sponsored by the different employment
exchanges of the district.
However, it appears that 797 (seven hundred and ninety seven) vacancies
were generated in the year 2007 up to the month of December, 2007, but were
not included and/or considered for the purpose of recruitment.
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It has been fairly submitted by the learned advocate appearing on behalf of
the Council, upon instruction, that actually at the time of recruitment in
January/February, 2010, the total vacancy should be included those additional
797 (seven hundred and ninety seven) vacancies as anticipated vacancies, as
envisaged under Rule 8(3) of the West Bengal Primary School Teachers
Recruitment Rules, 2001. The written instructions to this effect be kept on
record.
The recruitment rules governing the recruitment process so far as the writ
petitioners are concerned appears to be the West Bengal Primary School
Teachers Recruitment Rules, 2001 (hereinafter referred to as the 'said Rules'). A
bare perusal of the said Rules goes to show that for the purpose of calling of the
names from the concerned employment exchanges, Rule 8(3) of the said Rules
provides for vacancies, existing of date plus vacancies anticipated to arise against
sanctioned strength in course next twelve months, are to be taken up as total
vacancies, while sanctioning requisition to the employment exchange. In view of
Rule 8(3) of the said Rule, it is, thus, clear that the concerned Council is required
to anticipate the vacancies which might arise against the sanctioned strength in
course of the next twelve months, to be calculated from the date of declaration of
vacancies in a particular year.
In such circumstances, this Court is of the view that the writ petition can
be disposed of with a direction upon the Chairman of the Council to consider the
candidature of the writ petitioners and forward their names for approval to the
office of the Director of School Education, West Bengal, provided, of course, they
conform to and fulfil all statutory requirements and eligibility criteria. The entire
exercise, in terms of this order, shall be completed by the Chairman of the
Council as expeditiously as possible, preferably within a period of six weeks, but
not later than eight weeks from the date of communication of a photostat
certified copy of this order.
In the event, the Chairman of the Council forwards the names of the
petitioners, or some of the petitioners, the Director of School Education, West
Bengal, shall take appropriate steps in the matter to grant approval to the names
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so forwarded by the Chairman of the Council, provided, of course, all statutory
requirements and eligibility criteria are fulfilled and conformed by the successful
candidates.
Since no affidavits have been called for, allegations made in the writ
petition are deemed to be not admitted by the respondents.
The writ petition stands disposed of accordingly. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.
(Biswanath Somadder, J.)