Calcutta High Court (Appellete Side)
Safikul Alam & Ors vs The State Of West Bengal & Ors on 23 July, 2010
Author: Biswanath Somadder
Bench: Biswanath Somadder
1 23.7.2010
.
ap W.P. 23813 (W) of 2007.
Safikul Alam & Ors.
Vs.
The State of West Bengal & Ors.
Mr. Md. Sabir Ahmed
... For the applicants/petitioners.
Mr. Rakheswar Dey Sarkar
... For the Council.
Ms. Chhabi Chakraborty
... For the State.
Re: CAN 2518 of 2010.
Having heard the learned advocates for parties and upon perusing the instant application, being CAN 2518 of 2010, it appears that the grievance of the applicants/petitioners namely: 1) Sri Pijush Nath Chakraborty, 2) Smt. Bijoli Chakraborty,
3) Smt. Anita Banerjee, 4) Dalen Barman and 5) Sri Binod Barman, are against the District Primary School Council, Cooch Behar. It has been contended by the applicants/petitioners that although the concerned Primary School has selected them for the post of assistant primary teacher on merit, but the appointment letter has been 'held over', ostensibly due to an order passed by another learned Single Judge of this Court on 5th November, 2007, whereby the applicants were permitted to appear for the interview.
It was, however, observed by the Court that upon preparation of the panel if it was found that the applicants/petitioners had secured place which brought them within the zone of consideration for appointment, they were not to be appointed without prior leave of Court. The Court had further specifically held that no equity would be created in favour of 2 the writ petitioners by the said ad interim order dated 5th November, 2007, or by their participation in the selection process or their selection, if at all. It was further observed that in the event the applicants/petitioners failed to secure place within the zone of consideration, the concerned officer and the authority were to proceed with the selection process and appoint suitable candidates in accordance with law. Directions for filing of affidavits were given by the Court and the order was also made without prejudice to the State's objection that individual writ petitions should have been filed by the several petitioners.
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 applicants/petitioners have been selected for the post of assistant primary teacher by the concerned Primary School Council on their own merit.
The concerned Council has, thereafter, obviously acted on the basis of the directions contained therein by allowing the applicants/petitioners to participate in the selection process. Thus, there cannot be any valid justification for withholding issuance of the appointment letters in favour of the applicants/petitioners, subject of course, to the approval of the Director of School Education, Government of West Bengal. The applicants/petitioners are, thus, entitled to get relief from this Court.
In such circumstances, the instant 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 applicants, in the event they conform to and fulfil all statutory requirements necessary for the purpose of securing their appointment. It is expected that the Director of School Education, West Bengal, shall take a decision with 3 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 letters in favour of the applicants/ petitioners within a week therefrom.
W.P. 23813 (W) of 2007.
In view of the order passed in CAN 2518 of 2010, no further order is required to the passed in the instant writ petition and the same is disposed of accordingly.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocate for the parties.
(Biswanath Somadder, J.) 4 5