SAGARIKA ROY GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner is an aspirant for the post of Assistant Teacher (Primary) of the South 24 Parganas District Primary School.

(2.) A written examination for the purpose of such recruitment was proposed to be held in the school on 20th December 2009. She was not allowed to write that examination by the school authorities. She challenged this by this writ application and at the time of making the challenge took several other grounds like challenging the constitutional validity of Rule 8 of the Recruitment Rules of 2001 and that she had a right to sit in that examination and be considered for appointment. On that basis an interim order was passed on 9th December 2009 permitting her to sit for the examination, without creating any equities. She sat in that examination and quite remarkably has qualified to be selected. But since the interim order said that no appointment was to be given without leave of court her appointment was held back.

(3.) Her case runs like this. The writ petitioner was initially registered with the Employment Exchange at Purta Bhawan, Saltlake. She qualified in the Madhyamik Examination in 1994 prior to that. She got married in the year 2002 and qualified in the P.T.T. Examination in 2004. In 2006 the registration was transferred to Durgapur Sub regional Employment Exchange. This factum of registration with the Employment Exchange is not denied by the respondent School authorities but they say in their affidavit-in-opposition that the writ petitioner's name may not have been registered in the Employment Exchange from which the names were sent, that is, the Durgapur Employment Exchange.