Calcutta High Court (Appellete Side)
Bijay Shankar Tripathi vs State Of West Bengal & Ors on 22 April, 2014
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
1
22.04.2014
srm
W.P. No. 11832 (W) of 2014
Bijay Shankar Tripathi
Versus
State of West Bengal & Ors.
Mrs. Sukiran Biswas,
Mr. Abhishek Biswas
...For the Petitioner.
Mr. Amal Kumar Sen,
Mr. Lal Mohan Bose
...For the State.
Let affidavit‐of‐service be kept on record.
This writ application is filed by the petitioner for a direction upon the
respondent authority to recast the panel prepared by the Barakar Adarsha
Vidyalaya, District‐Burdwan for appointment of an Assistant Teacher in Science Group (Chemistry).
Having heard the learned Counsel appearing for the respective parties as also after considering the facts and circumstances of this case, I find that the above panel was prepared on the basis of the interview held on September 29, 1997. The above panel was sent to the respondent No.3 for approval. The respondent No.3 rejected the prayer of the school concerned for approval of the above panel by an order passed under Memo No.274/3 2 dated October 25, 2000. For proper adjudication of the issue involved in this matter the same is quoted below:
"Government of West Bengal Office of the District Inspector of Schools, S.E., Burdwan.
Re : W.P. No.24255 (W) of 1997 Bijoy Shankar Tripathi Vs‐ The State of West Bengal & others.
In compliance with the solemn order dated 25.07.2000 of His Lordship the Hon'ble Mr. Justice M.H. S. Ansari, High Court, Calcutta the above matter relating to approval of panel in Chemistry of Barakar Adarsha Vidyalaya, P.O. Barakar, Dist Burdwan is considered and not approved as the petitioner has acquired B.Ed. Degree from Bharatiya Shiksha Parishad, Uttar Pradesh which is not a recognised university under University Grants Commission.
Hence the matter is disposed of. All concerned be informed accordingly.
Sd/‐ Illegible
25.10.2000
District Inspector Schools
(Sec. Edn.) Burdwan
Memo No.274/3 Dated : 25.10.2000
Copy forwarded for information and necessary action to :
1. Bijoy Shankar Tripathi, petitioner, S/O, Bana Bhadur Tripathi at Rishi Arabinda Nagar L.C. More, Birla Road, P.O. Kulti, Dist‐ Burdwan."3
The petitioner filed an application under Article 226 of the Constitution of India assailing the above order in W.P. No.15081 (W) of 2003. The above writ application was dismissed on January 20, 2003. The petitioner preferred an appeal bearing M.A.T. No.1234 of 2003. By an order dated July 21, 2003 a Division Bench of this Court disposed of the above appeal holding that the selection was not proper since the qualification obtained by all three candidates had been found to be defective as in the case of the petitioner since the degree was not obtained from the recognised university. There was a further direction to the School Service Commission to undertake the exercise of selection instead of the school authority. The petitioner preferred a Special Leave to Appeal (Civil) bearing No.18643 of 2003. By an order dated November 16, 2004 the Hon'ble Supreme Court granted liberty to the petitioner to file additional documents in support of his claim that possession of B.Ed. Degree was not mandatory for appointment of an Assistant Teacher. Ultimately, the above Special Leave to Appeal (Civil) was dismissed.
It is noteworthy that the aforesaid orders passed in the writ application and in the appeal had not been annexed to this writ application but the above facts are ascertained from the statements made in paragraphs 6 and 7 of this writ application.
4
Thereafter, the petitioner submitted a representation before His Excellency the President of India. The above prayer of the petitioner was forwarded to the Government of West Bengal. Again the petitioner made an attempt to reopen the above issue. Hence this writ application.
After consideration of the above admitted facts and circumstances, I am of the opinion that the issue involved in this writ application reached its finality with the dismissal of the Special Leave to Appeal (Civil) by the Hon'ble Supreme Court of India. There is no scope to reopen the issue. The filing of this writ application is not only misconceived but it is an abuse of process of law to reopen an issue which had already been decided by the Hon'ble Supreme Court as recorded hereinabove.
This writ application is, thus, dismissed.
There will be, however, no order as to costs.
Urgent photostat certified copy of this order be supplied to the parties, if applied for, subject to compliance with all necessary formalities.
( Debasish Kar Gupta, J. )