Calcutta High Court (Appellete Side)
Ruma Das & Ors vs The West Bengal Central School Service ... on 27 January, 2014
Author: Debasish Kargupta
Bench: Debasish Kargupta
1
27.01.2014.
srm
W.P. No. 1330 (W) of 2014
Ruma Das & Ors.
Versus
The West Bengal Central School Service Commission & Ors.
Mr. Subrata Mukhopadhyay,
Mr. Soumen Biswas
....For the Petitioners.
Mr. Kamalesh Bhattacharya,
Mr. Bidhan Biswas
....For the State.
Mr. Debabrata Chatterjee,
Mr. Srimanta Kabir
....For the WBCSSC.
On the prayer made on behalf of the petitioners, leave is granted
to them to add the State of West Bengal service through the Secretary to the
Government of West Bengal, School Education Department, as party
respondent to this proceeding.
Let it be recorded that Mr. Kamalesh Bhattacharya, learned Additional Government Pleader, High Court, Calcutta is directed to enter appearance on behalf of the newly added respondent in this matter with a junior of his choice and a copy of this writ application be served upon his junior in course of the day.
It is submitted by Mr. Subrata Mukhopadhyay, learned Advocate appearing on behalf of the petitioners, that he will restrict the ground for 2 challenging the action of the respondents‐School Service Commission with regard to non‐indication of the status of the candidates (trained or untrained) in the Combined Merit Lists of 12th Regional Level Selection Test (AT), 2011 in violation of the order dated February 7, 2013 read with April 8, 2013 passed in the matter of Tania Ghosh & Ors. vs. The State of West Bengal & Ors. (In Re:
W.P. No.1019 (W) of 2013 with C.A.N. 3031 of 2013) and he will not press any other ground on behalf of the petitioners.
The operative portion of the order dated February 7, 2013 is set out below:
"The respondent No.8 is, therefore, directed to make arrangements for identification of the names of the selected candidates possessing minimum qualifications specified in NCTE's notification dated August 25, 2010 in the merit list. The respondent No.8 is further directed to recommend first the names of those selected candidates from the merit/select list who possess minimum qualifications as prescribed in NCTE's Notification dated August 25, 2010 and only thereafter to recommend the names of candidates who do not possess the minimum qualifications in terms of the above Notification dated August 25, 2010, if the vacancies remain. Leave is granted to the concerned authorities to issue letters of appointment to the selected candidates on the basis of the above recommendations without prejudice to the rights and contentions of the parties to this proceeding.3
Urgent photostat certified copy of this order be supplied to the parties, if applied for, subject to compliance with all necessary formalities.
(Debasish Kar Gupta, J.)"
The operative part of the order dated April 8, 2013 is quoted below:
"Therefore, the order dated February 7, 2013 is clarified to the extent that the respondent No.8 shall make arrangement for identification of the names of the selected candidates possessing minimum qualification specified in NCTE's Notification dated August 25, 2010 read with its Notification dated July 29, 2011 in the merit list and the respondent No.8 is further directed to recommend first the names of those selected candidates from the merit list/select list who possess minimum qualification as prescribed in NCTE's Notification dated August 25, 2010 read with its Notification dated July 29, 2011 and only thereafter to recommend the names of the candidates who do not possess the minimum qualification in terms of the aforesaid Notification dated August 25, 2010 read with the Notification dated July 29, 2011, if vacancies remain.
This application bearing CAN 3031 of 2013 is, therefore, disposed of.
There will be, however, no order as to costs. Urgent photostat certified copy of this order be supplied to the parties, if applied for, subject to compliance with all necessary formalities.
(Debasish Kar Gupta, J.)"4
Though Mr. Amitesh Biswas, Assistant Secretary, West Bengal Central School Service Commission, is present in Court today to give necessary instructions to Mr. Debabrata Chatterjee, the learned Advocate appearing for the respondents‐School Service Commission, no material is produced before this Court to show that the Combined Merit Lists have been published by the respondents‐School Service Commission adhering to the above interim orders. It is also to be noted that no Combined Merit Lists prepared by the respondents‐School Service Commission in respect of the above selection process is produced before this Court today.
On the prayer made on behalf of the State‐respondents as also the respondents‐School Service Commission, the hearing of this matter stands adjourned to February 6, 2014 and this matter will appear in the Daily Supplementary Cause List under the same heading.
Having heard the learned Counsel appearing for the respective parties as also after considering the grievance of the petitioners, I am of prima facie view that the consequence of non‐identification of trained and untrained candidates in the Combined Merit Lists is to deprive the merit listed candidates to know his/her actual position among the trained or untrained candidate, as the case may be, vis‐à‐vis the vacancies to be filled up. 5
In view of the above, the petitioners have not only made out a strong a prima facie case but the balance of convenience and/or inconvenience is in favour of granting interim relief to them. The respondents‐School Service Commission is restrained from recommending further any name for appointment to the post of Assistant Teachers on the basis of the Combined Merit Lists published in respect of the 12th Regional Level Selection Test (AT), 2011 till February 14, 2014 or until further orders whichever is earlier. The respondents‐School Service Commission is further directed to take immediate steps for keeping those recommendations in abeyance which have already been made on the basis of the Combined Merit Lists but those have not yet been reached to the selected candidates and/or the District Inspectors of Schools concerned and/or the school concerned till February 14, 2014 or until further orders, whichever is earlier.
Photostat plain copy of this order duly countersigned by the Assistant Registrar (Court) be given to the appearing parties on usual undertakings.
( Debasish Kar Gupta, J. )