GOLAM MARTUZA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE name of all the petitioners were sponsored by employment exchange upon notifying the vacancies by the District Primary School Council, Malda for recruitment to the post of Primary Teacher.

(2.) PURSUANT to the said sponsorship, the District primary School Council, Malda invited all the petitioners to submit their testimonials/certificates which was duly complied with. Although, petitioners were called for verification of the testimonials/certificates by the said District Primary School Council but thereafter the concerned authority neither issued the interview letter nor a letter of appointment to the petitioners. According to the petitioner, the authorities could not have called the names from the concerned employment exchange in terms of the executive circular being memo No.3E-3 (Mid.Paschim/2002/1694 T (91) dated 3.3.2006 in the ratio of 1:35 whereas the statutory rules which governs the recruitment process postulates that the sponsorship shall be made by employment exchange in the ratio of 1:10. It is further contended that by a subsequent notification dated 16 December, 2005, the word with training has been omitted from Rule 6(2) of the recruitment Rules of 2001 and there has been an insertion of the words priority and preference will be given to the candidates having requisite training from a recognised institute (provided candidates will be recruited on merit basis if trained candidates is not available). It is the further case of the petitioners that although the word with training has been omitted by the aforesaid notification but allotment of 22 marks to the trained candidate still occupied the place in Rule 9 of the said rules.

(3.) IT would be profitable to refer certain provisions of the said recruitment Rules of 2001 for the purpose of adjudication in the instant writ petition. Rule 3 of the said rules provides that there shall be ordinarily one teacher for every 40 pupils or students and the second teacher may be admissible when the roll strength exceeds 60, similarly a third teacher may be admissible when the said roll strength exceeds 100 and so on so forth. Rule 4 provides that the council shall determine from time to time the number of vacancies in the primary school within their jurisdiction whereas Rule 8 of the said rules postulates that the council shall notify the number of vacancies to the concerned employment exchange for sending the names of the eligible candidates. The eligibility criteria is enshrined in Rule 6 of the said rules to include that the candidate must be a citizen of India, above the age of 18 years but below 40 years and should be Madhyamik /School Final pass under the West Bengal Board of Secondary Education or equivalent. Rule 9 of the said rule envisaged that the council shall invite the testimonials/certificates from all candidates whose name is sponsored by the concerned employment exchange for the purpose of computation of the marks on the score sheet to be prepared in terms of Sub Rule 2 of Rule 9 on the basis of 100 point roster. Out of 90 marks, 65 marks are computed on the basis of academic qualifications, 22 marks on the basis of training and 3 marks on the basis of co-curricular activities. The said marks shall be incorporated in the order of descend and the candidates in the ratio of 1:5 shall be called for written test held for 10 marks. Thus the candidates whose name are sponsored by the concerned employment exchange are brought within the zone of consideration for the purpose of computation of 90 marks. None of the candidates whose candidature is sponsored by the concerned employment exchange is eliminated from the zone of consideration for such computation. IT is also undisputed with the petitioners were brought within the zone of consideration so far as the computation of 90 mars are concerned. IT is now tried to be contended is that the sponsorship was made in the ratio of 1:35 in stead of 1:10. According to the petitioners if the area of competition is reduced from 35 to a post to the 10, they could have had a better chance to qualify for the written test being the second leg of recruitment process.