KISHALAY KUMAR PAUL Vs. SAUMITRA CHATTERJEE

JUDGEMENT

(1.) This appeal is preferred to impugn the judgment and order of the learned Single Judge dated 20th September, 2005 passed in the aforesaid writ petition. By the impugned judgment and order the learned Trial Judge has been pleased to set aside the selection process and/or panel which was challenged in the writ petition. The facts and circumstances of the case which gives rise filing writ petition consequently preferring appeal are as follows:-

(2.) The writ petitioner being the respondent No. 1 herein and the appellant along with other candidates applied in response to advertisement issued by the West Bengal Regional School Service Commission (Southern Region) being respondent No. 3 for filling up the post of Headmaster in a High School by the name of Dakshin Nangla K.U. Institution, P.O. - Kumra Kashipur, in the district of North 24 Parganas. The said school is a High School and medium of instruction is Bengali. Both of them appeared along with other eligible candidates and all participated in the selection process. The respondent No. 3 found the appellant herein being successful candidate and accordingly placed him in the first position, whereas respondent No. 1 was placed in the third position.

(3.) Accordingly respondent No. 3 recommended the appellant herein for appointment to the said post and the School Authority was also asked to issue letter of appointment. After participating the respondent No. 1 herein discovered later that the appellant did not possess requisite minimum qualification for participating in the selection process namely to take interview along with him. To elaborate the extent of disqualification of the appellant respondent No. 1 stated in his petition firstly the appellant was an immigrant from Bangladesh and he got his early education in the year 1977 in Bangladesh hence by virtue of the circular being No. 8Z Edn. (S)/ 4A- 17/82 dated 21st January, 1980 issued by the State of West Bengal the Mark sheet and Certificate issued by Bangladeshi school were required to be verified through Ministry of External Affairs, Government of India for acceptance in this country, secondly, he did not have requisite essential additional qualification as he could not secure minimum 45% marks in his Graduation level. Academically the writ petitioner/respondent No. 1 was thus better candidate as having not only all the school level educational qualifications but secured regular honours bachelor degree followed by post graduation degree and also requisite teaching experience and other qualifications. Thus according to him the appellant herein was not eligible for appearing in interview on 25th November 2002. This writ petition was opposed obviously by the appellant herein and also the School Service Commission. Both the parties filed affidavit-in-opposition separately. In the affidavit-in-opposition it was stated amongst others that by virtue of subsequent two circulars being Memo No. 82-Edn(s)/4A-17/82 dated 21-1-88/2-2-82 and No. 488-Edn(s)/44-17/82 dated 21.4.88 issued by the Government of West Bengal, Education Department the verification by External Affairs Ministry as spoken of in the writ petition was not required in case where higher education has been obtained by the candidate basing on the certificates issued by the Bangladeshi School to the immigrants. He has become an Indian citizen, an Income Tax payee and has Ration Card and then has become the voter. Hence under any stretch of imagination he cannot be described as immigrant. It is also stated that the appellant fulfils all the eligibility criteria as he secured second division in the Matriculation level, similar standard of result was secured in the Higher Secondary level and he could not complete Bachelor Degree with Honours however, he did it as a Special Course and then he did Post Graduation. He has requisite teaching experience and also other essential qualifications to become Head Master of Secondary School as required under the Recruitment Rules and in terms of the advertisement.