RAJASREE MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a writ petition made by the petitioner for the purpose of getting an appropriate order in case of deleting the credit marks of B.Ed. Degree given to the respondent No.8 for the post of Assistant Teacher in English in respect of concerned School and to pass further order to recast the panel in question. According to the petitioner, her qualification is B.A.(Hons) in English and B.Ed. She got the B.Ed Degree in the year, 1990. She registered her name in the local Employment Exchange in 1989.

(2.) The concerned School got the up gradation upto classes IX and X in the year, 1996. As because there was no sufficient staffs for the purpose of running the Institution the School Authority took a resolution that a candidate having qualification of B.A.(Hons.) in English preferably trained will be given appointment on temporary basis. The petitioner got such appointment therein. Since the post of Assistant Teacher in English in the said School and the appropriate Authority granted prior permission for filling up the post. The eligible candidates were called upon by the School Authority having qualification in B.A.(Hons.) in English preferably trained in the aforesaid post when certain names were forwarded by the Employment Exchange including the name of the petitioner. An interview was fixed on 10th July, 1997 and the petitioner found that she is the loan participant there. The petitioner came to know that three other sponsored candidates were interviewed on a different date i.e. on 13th July, 1997. The petitioner further came to know that the School Authority took a resolution on 28th July, 1997 that School Authority will inform about appointment for the post of Assistant Teacher in English to the District Inspector of Schools (S.E) 24 Parganas(South), later on. The petitioner also came to know that by an order dated 2nd September, 1997 the School Authority was directed to take reinterview of the candidates sponsored by the local Employment Exchange but it was an unfortunate situation that either the order was not communicated by the office to the school or inspite of having information School Authority did not arrange reinterview in terms of the office Memorandum.

(3.) The petitioner made an application to the Director of School Education on 29th October, 1997 stating the aforesaid facts with a request to take the appropriate steps. Being aggrieved by the inaction for not holding reinterview the writ jurisdiction of this Court invoked by a separate writ being W.P. No. 22555(W) of 1997 but the same was rejected. Challenging the order an appeal was preferred. The appeal was allowed by directing the School Authority to take a fresh interview in accordance with law and submit a panel before the appropriate Authority as expeditiously as possible. Inspite of having direction for expeditious reinterview it was delayed considerably and ultimately interview was held after a period of about 1 year and 7 months. Thereafter, again the date of holding interview was delayed. Ultimately the selection was held by the Selection Committee only on 2nd July, 2000. The petitioner stated that the respondent No. 8 was placed at the top of the panel. The petitioner further came to know that she obtained the B.Ed. Degree in the month of July, 1998 and at the time of interview she produced B.Ed. Degree before the Selection Committee and the credit mark has been added for such Degree in her favour. According to the petitioner, the respondent No.8 was sponsored by the Employment Exchange only having B.A.(Hons.) Degree. since the B.Ed. Degree has been opted by the respondent No.8 long after the prior permission no contrary step could have been taken by the School Authority by calling her an interview and select as a candidate awarding additional marks in qualification of B.Ed.