Calcutta High Court (Appellete Side)
Mallika Mahato & Ors vs State Of West Bengal & Ors on 30 April, 2012
Author: Harish Tandon
Bench: Harish Tandon
1
Court 30.4.2012 W.P. 8690 (W) of 2011
No.3
Sl 3
ac
Mallika Mahato & Ors
-vs-
State of West Bengal & Ors
Mr. Ashok Kumar Janah
Mr. Goutam Dinda ... For Petitioners
Mr. Sambhunath De ... For Council
Mr. Sk. Md. Galib ... For State
Vakalatnama filed on behalf of the State
respondents be kept with the record.
The petitioners claim themselves to be Organising Teachers of a Primary School, known as Kanmari Matilal Free Primary School situate within the District 24 Parganas North.
Several representations relating to recognition of the School as well as approval of appointment of the Organising Teachers were made but the authorities did not take any decision thereupon.
It is further contended that the matter relating to grant of recognition as well as approval of the Organising Teachers came up before the Hon'ble Supreme Court in SLP(C) No. 15253 of 2009 and the Apex Court directed the authorities to consider the case of the Organising Teachers after condoning the age bar.
Pursuant to the said order, a notification dated January 20, 2012 has been issued by the Government of West Bengal relating to approval of appointments of the Organising Primary Teachers.
2The petitioners claim that their case should also be considered by the competent authority.
Since the Notification dated January 20, 2012 was not in existence at the time when the instant writ petition was moved, this Court feels that instead of passing an order of consideration of the representations already made, the petitioners must be given an opportunity to file fresh representations.
Accordingly, the petitioners are directed to file fresh representation to the Director of School Education, West Bengal within two weeks from date. If such representation is made within the time frame, as indicated, the Director of School Education shall consider the same in the light of the judgment of the Supreme Court as well as the Notification dated January 20, 2012, within eight weeks from the date of communication of this order. The authority shall be free to decide whether the benefit of the order of the Apex Court as well as the notification dated January 20, 2012 can be extended to the petitioners or not. After taking decision, the authority shall communicate the same to the petitioners within two weeks thereafter.
For abundant precaution it is once again made clear that this order shall not have any persuasive effect upon the said authority so far as the claim of the petitioners is concerned.
The writ application is, thus, disposed of. However, there will be no order as to costs.
Urgent photostat certified copy be supplied to the parties, if applied for, on priority basis.
3(Harish Tandon, J.)