Calcutta High Court (Appellete Side)
Ashim Chandra Kundu vs The State Of West Bengal & Ors on 8 July, 2010
Author: Biswanath Somadder
Bench: Biswanath Somadder
1 08.7.10
(SKB) 44 W.P. No. 11655(W) OF 2010 Ashim Chandra Kundu Versus The State of West Bengal & Ors.
Mr. Kamalesh Bhattacharya, Rrezaul Hossain, .....for the petitioner.
Affidavit of service filed in Court today be kept on record. None appears on behalf of the District Primary School Council, Uttar Dinajpur, even at the time of second call.
The grievance of the writ petitioner is that although he holds a Junior Diploma in Engineering awarded by the State Council for Engineering and Technical Education, West Bengal, he has not been favoured with an appointment letter by the concerned District Primary School Council, on the basis of his merit position, on the ground that the same is not acceptable as a qualification equivalent to Madhyamik.
The writ petitioner, however, has annexed a copy of a memo dated 26th September,/5th October, 1983, issued by the Deputy Secretary, Government of West Bengal, Education Department, Technical (Poly.) Branch, wherefrom it appears that the diploma certificate stated to be held by the writ petitioner is equivalent to the Higher Secondary Certificate (10+1) under the old Regulation 2 previously awarded by the West Bengal Board of Secondary Education and was superior to the Madhyamik Examination Certificate, presently awarded by the West Bengal Board of Secondary Education, for the purpose of employment under the State Government and for prosecuting higher studies in professional field.
Having regard to the above, this Court is of the view that no useful purpose will be served in keeping the instant writ petition pending. The writ petition is, thus, disposed of with a direction upon the District Primary School Council, Uttar Dinajpur, to take into consideration the abovementioned memo dated 26th September/5th October, 1983, issued by the Deputy Secretary, Government of West Bengal, Education Department, Technical (Poly.) Branch, and treat the certificate stated to be held by the writ petitioner as a qualification superior to that of the Madhyamik Examination on the basis of the said memo and take steps accordingly.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocate for the party.
(Biswanath Somadder, J.)