Calcutta High Court (Appellete Side)
Biman Kr. Das & Ors vs The State Of West Bengal & Ors on 10 August, 2017
Author: Arijit Banerjee
Bench: Arijit Banerjee
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11 10.08. AST 229 of 2017
sd3 2017
Biman Kr. Das & Ors.
-Versus-
The State of West Bengal & Ors.
Mr. Ekramul Bari
Mrs. Tanuja Basak ... for the Petitioners.
Mr. Abhijit Gangopadhyay,
Mr. Kanak Kiran Bandyopadhyay,
... for the SSC.
On the undertaking of learned advocate-on-
record for the petitioner to file affidavit-of-service in
course of the day this matter is taken up for hearing.
In spite of service nobody appears on behalf of
the State.
The applicable rules pertaining to eligibility for
the post of Headmaster in 2012 was that the candidate
was required to have secured at least 40% marks in
Post Graduate Examination and the candidate was
required to have at least ten years' experience as
teacher. New Rules were introduced regarding eligibility
for the post of Headmaster in March 2015 whereunder
the experience of ten years remained unchanged as also
the 40% marks remained unchanged. In September
2016, further fresh Rules were introduced whereunder
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the required teaching experience remained ten years
but the requisite marks were enhanced from 40% to
45% in the Post Graduate Examination. Again, in
March 2017 the Rules were amended and the required
marks was enhanced to 50%.
The petitioners contend that they became
eligible for the post of Headmaster prior to the
amendment of 2017. Had the examination for
appointment to the post of Headmaster been held prior
to the amendment of 2017, they would have been
entitled to participate in the examination since the
requisite marks under the old Rules was 45 per cent.
They submit that the 2017 amendment is wholly
unreasonable and arbitrary and cannot affect the vested
right that has accrued in their favour. They have
challenged the vires of the 2017 Amendment. Hence let
a copy of the Writ Petition be served on the office of the
Learned Advocate General for the State of West Bengal.
By way of an interim measure, since the last
date for applying online is August 11, 2017, without
prejudice to the rights and contentions of the parties, I
permit the petitioners to apply offline since their
application may not be accepted online. The
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respondent nos.3 and 4 are directed to accept such
application of the petitioners if made on or before August 11, 2017. However, the petitioners shall not sit the examination without the leave of this Court.
The petitioners shall also deposit the requisite court fees on or before August 11, 2017.
This order shall not be treated as a precedent and shall not create any equity in favour of the petitioners.
Let affidavit-in-opposition be filed within fortnight from date. Affidavit-in-reply, if any, be filed within a week thereafter.
Let the writ petition be listed before the appropriate Bench under the heading 'hearing' three weeks hence.
Let a plain copy of this order, duly countersigned by the Assistant Registrar (Court), be handed over to the learned advocate-on-record for the petitioner on usual undertaking.
( Arijit Banerjee, J. )