Calcutta High Court (Appellete Side)
In Re : Tumpa Ghorai (Samanta) vs The State Of West Bengal & Ors on 4 February, 2020
Author: Tapabrata Chakraborty
Bench: Tapabrata Chakraborty
1
04.02.2020
Item No.64
Court No.15
Avijit Mitra
ML
W.P. No.990 (W) of 2020
In re : Tumpa Ghorai (Samanta)
- Versus -
The State of West Bengal & Ors.
Mr. Somesh Kumar Ghosh
For the Petitioner
Mr. Biswabrata Basu Mallick,
Mr. Sanjib Das
For the State
Mr. Ratul Biswas
For the Board
Affidavit of service filed by the petitioner be kept on record.
Mr. Ghosh, learned advocate appearing for the petitioner submits that the
petitioner duly qualified in the Teachers Eligibility Test, 2014 (in short, TET, 2014).
A notice was issued by the West Bengal Board of Primary Education (in short, the said
Board) on 2nd November, 2017 stating that "the TET qualified candidates who have
not been empanelled and, also, not been rejected after verification for recruitment"
may submit in person the documents mentioned in the said memo for taking a
decision. The petitioner fulfils the criteria as incorporated in the said memo and is
entitled to be appointed to the post of a primary teacher.
Drawing the attention of this Court to the averments made in paragraph 5 of
the writ petition, he submits that pursuant to the said memo, the petitioner duly
submitted the documents but no decision has been taken by the said Board.
He submits that similar matters were disposed of by a co-ordinate Bench
directing the Board to consider the claim of the petitioners therein on the basis of
the memo dated 2nd November, 2017.
2
In the said conspectus, I am of the opinion that no useful purpose will be
served by keeping the writ petition pending and the issue needs to be relegated to
the appropriate authority.
Accordingly, this Court directs the respondent no.3 to consider the petitioner's
claim and to take a decision, in accordance with law and in the light of the memo dated 2nd November, 2017 and to communicate the decision to the petitioner within a period of six weeks from the date of communication of this order along with a copy of the writ petition.
With the above observations and directions the writ petition is disposed of. There shall, however, be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.
(Tapabrata Chakraborty, J.)