Calcutta High Court (Appellete Side)
For The vs District Primary School Council on 14 June, 2012
Author: Harish Tandon
Bench: Harish Tandon
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6.2012 W.P.NO. 4908 (W) OF 2010
Mr. Ashok Kumar Janah
Ms. Pampa Dey (Dhabal)
For the Petitioner.
Mr. Anindya Bhattacharyya
For the State.
The petitioner challenged the Memo dated 25th September, 2006 on the assertion that the
Director of School Education, West Bengal has no authority to reject the candidature of the
petitioners on the ground that the mark sheet of the Madhyamik Examination submitted before
the PTT Institution and the mark - sheet of the Madhyamik Examination produced, along with
bio-data and/or testimonials, are different.
The petitioners have been found successful in the recruitment process for the post of
Assistant Primary Teacher as the trained candidate in the Schdeuled Caste category. The
petitioners were called to submit all the documents, in original, before the Chairman, District
Primary School Council, Paschim Midnapur, for the purpose of verification before giving an
appointment.
The Chairman of the said Council, however, raised disputes that the mark- sheet
produced by the petitioners is different than the mark- sheet which was produced before the PTT
Institute. The report to that effect is forwarded to the Director of School Education, West Bengal.
By the impugned order, the said authority accepted the report and declined to grant
approval to the appointment of the petitioners.
In spite of the direction made for filing the affidavits, no affidavit-in-opposition is filed as
yet.
On several occasions, the court directed the Council to produce the mark- sheet, as
indicated; but till today, it has not been produced before the court.
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In such perspective, the reliance can be safely placed upon Division Bench Judgment of
this court in case of (Smt. Sita Pal -vs- District Primary School Council, Burdwan and Others
MAT 394 of 2008) where it is held :
"The eligibility criteria for the post of primary school teacher were duly
satisfied by the writ petitioner herein. How the writ petitioner took admission
in the PTTI course was not a matter for consideration of the District Primary
School Council. Undisputedly, the writ petitioner passed the Madhyamik
Examination and thereafter also passed the Primary Teachers" Training
Examination upon securing 712 marks out of total 1100 marks. Thus, the
said writ petitioner fulfilled the eligibility criteria for appointment to the post of
primary school teacher.
The respondent authorities never questioned the genuineness of the
Madhyamik Examination Certificate and the Primary Teachers" Training Examination certificate of the writ petitioner and as a matter of fact, it has been admitted by the respondents that those certificates are genuine.
Even if it is assumed that the writ petitioner was admitted in the Primary Teachers" Training Institute in irregular manner, the said writ petitioner admittedly, completed the training course and passed Primary Teachers' Training Examination securing 712 marks out of 1100 marks. Furthermore, the Primary Teachers' Training Certificate issued to the writ petitioner has not yet been cancelled by the competent authority and the same remains still valid. In the aforesaid circumstances, the council had no occasion to cancel the appointment of the writ petitioner as the said writ 3 petitioner fulfilled the eligibility criteria for appointment to the post of primary school teacher under the said Council".
It is undisputed that the Primary Teachers' Training Certificate has not been cancelled as yet by the Issuing Authority. The Chairman of the said Council, as well as the Director, in my considered opinion, and in the light of the observation made by the Division Bench in the above noted case, have no occasion to reject the approval of the petitioner on the above grounds.
Although, this court refrains from passing a direction for appointment, but this is a fit case where it would be a futile exercise in sending the matter back to the Director for necessary decision.
Accordingly, the Director of School Education, West Bengal, is directed to grant formal approval to the appointment of the writ petitioner to the post of primary teacher within two weeks from the date of communication of this order and shall forward the same to the Chairman, District Primary School Council, Paschim Midnipur within a week thereafter. The Chairman of the said Council is further directed to issue a letter of appointment within a week from the date of receipt of such approval..
. The writ petition is, thus, disposed of.
There shall be no order as to costs.
Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis.
(Harish Tandon,J)