TUMPA ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Judgment of the Court was delivered by -THE petitioner in the instant application passed her Madhyamik Examination in the year 1999. Subsequently, the petitioner decided to obtain Primary Teachers' Training Certificate issued by West Bengal Board of Primary Education. Accordingly, the petitioner got admitted in a Primary Teachers' Training Institute, namely, Khamargachi Primary Teacher Training Institute, situated in Burdwan, and successfully completed her course in the year 2005 and was issued a certificate as a trained primary teacher.

(2.) It has been stated by the writ petitioner that in the year 2006, her name was sponsored by the office of the concerned Employment Exchange as an eligible candidate for the post of primary teacher sought to be filled up by the District Primary School Council, Burdwan. She has further stated that though she was invited in the year 2006 as an eligible candidate to be considered for the post of primary teacher and had duly submitted her bio- data and testimonials, no decision - either for completion or withdrawal or cancellation of the selection process - was ever disclosed by the District Primary School Council, Burdwan. Subsequently, however, on a basis of a newspaper advertisement issued on 30th August, 2009, the writ petitioner, under compelling circumstances, obtained a prescribed application form distributed for the purpose of making an application for filling up of the post of primary teacher under the District Primary School Council, Burdwan and duly submitted the same. Consequently, she was issued a admit card to participate in a written test, which was held on 29th November, 2009, wherein she duly appeared.

(3.) The learned senior counsel appearing on behalf of the writ petitioner submitted that the decision of the authorities not to allot ratio of 22 marks out of 100 in favour of the writ petitioner, on the basis of her Primary Teachers' Training Certificate, in view of the interim order dated 3rd March, 2006, passed by the Division Bench of this Court in W.P. No. 4107(W) of 2006 (Tulsi Baksi and Anr. v. State of West Bengal and Ors.) was wrongful and without any legal basis after the final judgment and order was passed in the matter by the Division Bench of this Court on 1st October, 2008. He then referred to the said interim order, which reads as follows:-