TUSHARKANTI BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard the learned advocates for the parties. This matter was heard for two days. Learned Advocate for the petitioner concluded the argument. The School Authority was directed to file affidavit giving the details of the requisition of vacancies prior permission order and the employment exchange letters as were addressed by the School Authority. Such affidavit has been filed with copy to the writ petitioner. Yesterday, the matter was taken up but adjournment was prayed for on behalf of the petitioner. Time was granted. Today, at the time of hearing, the petitioner is absent. In view of the completion of the argument by the petitioner, the matter is taken up for final hearing today.

(2.) It is the case of the petitioner that he is qualified with M.A. degree in Political Science. The vacancy as mentioned in the prior permission order and as issued by the District Inspector of Schools (SE), Midnapore was for higher secondary section and accordingly the minimum qualification required to be prescribed was M.A. or Honours in any particular subject. But in the prior permission, the qualification prescribed was only Honours graduate in Political Science and necessary training qualification of B.T/B.Ed. It is contended by the writ petitioner that since the vacancy relates to higher secondary section and as per Circular No. HSC/73/79 dated 30th March, 1997, the minimum qualification as prescribed by the council is 2nd Class Post-Graduate Degree in the subject, or allied subject, or second class Honours degree in the subject or allied subject, the order of prior permission was bad in law and accordingly despite the fact that selection process was completed whereby writ petitioner was placed in the second position in the panel, will not debar the petitioner from challenging such prior permission order and the process of selection. It is further contended by the petitioner that for non-mentioning of higher qualification, i.e. the post-graduate qualification, the petitioner could not be selected as a first candidate. The petitioner has challenged Clause 6(a) of the Recruitment Rules issued by the Director of School Education, West Bengal under Memo No. 2066-G.A. dated 27th October, 1995 as ultra vires upon contending inter alia that the limitation as prescribed regarding allotment of marks for such higher qualification was not legal and valid. It is further contended that a higher qualified candidate always be preferred. In a nutshell, it is the challenge of the petitioner that the selection of the first candidate of the panel was bad in law and his non-selection to be as a first candidate also was arbitrary. The petitioner has prayed for the following reliefs in the writ application:

(3.) This writ petition has been opposed by the School Authority as well as by the private respondent No.10 who stood first in the panel. It is submitted by the School Authority that in terms of the prior permission order since the District Inspector of Schools concerned directed to select a candidate qualified with B.A. (Hons.) in Political Science preferably with B.T./B.Ed., no marks were allotted for Post Graduate Degree in favour of the writ petitioner. It is further contended that the selection committee acted in a bonafide way by following the Recruitment Rules, 1995 which is applicable herein. He further contends that once the petitioner appeared in the selection process, took his chance of success and being failed to succeed as 1st candidate of panel, cannot challenge the same. The learned advocate for the respondent No. 10 has submitted that in terms of the Recruitment Rule of 1995, panel was finalised by the Managing Committee and approval of such panel was accorded by the District Inspector of Schools concerned. Thereafter, in terms of the appointment letter as issued by the Managing Committee of the school, the respondent No. 10 has already joined in the school and is getting his salary and other service benefits. It is further contended that there was no illegality committed by the members of the Selection Committee in the matter of selection.