Ali Hossain Mandal vs West Bengal Board Of Primary Education on 22 August, 2023
33. Mr. Sarvesh Kumar Singh, learned Additional
Advocate General-13, Mr. Prateek Kumar, as well as other
learned Advocates representing the State respondents in their
respective cases have vehemently refuted the contention of the
appellants. Dispelling the primary contention of the appellants
that the vacancies have arisen consequent upon death and
resignation of Panchayat/Block Teachers appointed in 1st and 2nd
Phase appointment giving cause of action for getting
appointment on the basis of merit list prepared in the year 2007-
08 is said to be wholly fallacious and lacks support of law.
Consequent upon coming of a new Teachers Appointment
Rules, 2012, the Education Department vide its letter no. 465
dated 09.07.2012 clearly stipulated that remaining vacancies
upon completion of 2nd phase appointment shall be merged with
the 3rd phase of 2012 and, as such, no appointment can be made
unless there is a specific dispute pending consideration before
Patna High Court L.P.A No.315 of 2025 dt. 24-04-2026
57/103
any forum. It is beyond any cavil of doubt that a merit list with
regard to appointment and selection for the public post is only
for one year and, as such, they do not have cause of action for
putting their grievance. [vide Ali Hossain Mandal & Ors. Vs.
West Bengal Board of Primary Education & Ors., (2024) 15
SCC 90].