ASHIM KUMAR SHARMA & ORS. Vs. ARUN KUMAR ROY DIRECTOR OF SCHOOL EDUCATION SAKTI DAS MUKHERJEE DIST. PRIMARY SCHOOL COUNCIL, JALPAIGURI

JUDGEMENT

(1.) In the first contempt application, there was originally one contemner, Sri Arun Kumar Roy, Director of Primary Education (Primary Education). West Bengal and subsequently another contemner was impleaded, Sri Sakti Das Mukherjee, Chairman, Dist. Primary School Council, Jalpaiguri. The said contempt application has arisen out of a final order passed in W.P. No. 19242(W) of 1999 on 27 -4 -2000. The writ petition was disposed of upon observing the resolution as taken by the Chairman, Ad -hoc Committee, Dist. Primary School Council, Jalpaiguri, which is as follows:

(2.) The learned Government Pleader has opined in favour of the petitioners ultimately by saying, inter alia, as follows:

(3.) Upon considering the submissions as made by the parties in the facts and circumstances of the case as well as a question of law, this court was pleased to direct the Director of School Education, West Bengal, to finalise the appointment or regularisation of service in accordance with law within a period of four weeks from the date of communication of the order and the same is required for balance of convenience. This court was further pleased to direct that since the petitioners were interviewed long back, in such case the age bar will be condoned by following the principle as laid down by the Supreme Court on various cases including the case of Keshab Narayan Gupta & Ors. vs. Jila Parishad Shivpuri (M.P.) & Anr. reported in : 1998(9) SCC 78. It was further directed that at the time of consideration of filling up the vacancies a priority should be given in respect of the candidates under the writ petition.