Calcutta High Court (Appellete Side)
Subha Dey vs The State Of West Bengal & Ors on 15 December, 2010
Author: Biswanath Somadder
Bench: Biswanath Somadder
1 15.12.10
(SKB) W.P. No. 14710(W) OF 2010 Subha Dey Versus The State of West Bengal & Ors.
Ms. Sanghamitra Nandy ....for the petitioner.
Mrs. Dalia Bhattacharya .....for the Council.
Having heard the learned advocates for the parties, 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 'withheld due to technical reason'. In this regard, learned advocate for the writ petitioner refers to an order passed by another learned Single Judge of this Court on 15th December, 2009, in W.P. 6010(W) of 2006 with W.P. 5464(W) of 2006 and W.P. 5465(W) of 2006. She submits that while dismissing those writ petitions, this Court had observed, to the effect, that the order of dismissal would not preclude the petitioners to offer their candidature in respect of any future process that might be initiated by the Council and if they were otherwise eligible in accordance with the recruitment rules subsisting on the date the selection process commenced, the Council would proceed to consider their candidature in accordance with law and for such 2 purpose, they would be issued 'Bio Data' forms. She submits that, consequently, the petitioner was allowed to participate in the recruitment process.
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 past of assistant primary teacher by the concerned District Primary School Council on his own merit. Thus, there cannot be any valid justification 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.
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.
3(Biswanath Somadder, J.)