Calcutta High Court (Appellete Side)
Miss Mallika Das vs The State Of West Bengal & Ors on 27 August, 2013
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40.
27.08.2013
mb/as
F.M.A.1093 of 2007
With
CAN 5701 of 2006
Miss Mallika Das
Vs.
The State of West Bengal & Ors.
Shri Ekramul Bari,
Ms. Tanuja Basak.
....For the Appellant.
The intra court appeal has been preferred as against the
order dated 11.8.2005 passed by the Single Bench dismissing the
writ application. The petitioner applied for the post of Assistant
Teacher. The petitioner was empanelled for the said post. She was
at serial No.58. The petitioner filed a representation on 23rd March,
2005 to the effect that she wanted posting at Siddheswari
Kokiladevi High School, P.O., Siddheswari, District-Cooch Behar or
any other school within the radius of 20 kms. of Cooch Behar
Town and oblige. The petitioner has been posted in the Sitalkuchi
Gopinath High School, P.O. Sitalkuchi, District-Cooch Behar.
The writ petition had been dismissed by the Single Bench.
Aggrieved thereby, the intra court appeal has been preferred.
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The learned counsel appearing on behalf of the appellant
has submitted that the petitioner filed a representation for her
posting in the Siddheswari Kokiladevi High Schhol. As per her
merit, she should have been given posting in the aforesaid school.
It was also submitted that a candidate at serial No.69, namely,
Krishnakali Basu, had been given posting at Mainaguri High
School. The petitioner had better marks than the aforesaid
candidate. Thus, the petitioner ought to have been given posting at
least in the aforesaid school.
In the affidavit-in-opposition which has been filed to the stay
application by the respondent Nos.4, 5, 6 and 7, it is contended
that the candidate at serial No.39, Sonali Chaki had accepted the posting at Siddheswari Kokiladevi High School and Bikram Kumar Nath, who ranked at serial no.43, had accepted Baroshoulmari High School. When the turn of the petitioner came whose rank was 58, only three vacancies remained for her choice. The petitioner had accepted the vacancy in Sitalkuchi Gopinath High School leaving behind Mainaguri High School and Upon Chowki High School for the next candidate Krishnakali Basu whose ranked is 69. Krishnakali Basu had accepted the vacancy in Mainaguri High School and last vacancy was accepted by Susmita Chakraborty having ranked 70. A representation was filed by the petitioner for her posting in Siddheswari Kokiladevi High School or 3 Ghoksadanga Paramanick High School which could not have been considered.
The learned Counsel appearing on behalf of the appellant has strenuously submitted that it was a case where the petitioner ought to have been offered Siddheswari Kokiladevi High School. In any case, the candidate who had been offered the Mainaguri High School, could not have been given the said school as the rank of the appellant was higher.
After hearing the learned Counsel for the appellant and going through the affidavit-in-opposition and rejoinder filed thereto in the appeal, we are of the considered opinion that in the Siddheswari Kokiladevi High School, the petitioner had no case as it was offered to Sonali Chaki who was at serial no.39. When the turn of the petitioner came, only three vacancies remained. Out of these three vacancies, she opted Sitalkuchi Gopinath High School. She did not opt for Mainaguri High School and Upon Chowki High School.
Considering the aforesaid facts, we find no illegality in the posting of the petitioner in the school in question. The allocation of the school has been made as per her merit. She has not been discriminated. We find no merit in the appeal.
Accordingly, both the appeal and the connected application are dismissed.
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Let urgent certified photocopies of this order, if applied for, be given to the parties as per rules.
(Joymalya Bagchi,J.) (Arun Mishra,Chief Justice)