SUKUMAR HAZRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) IN this writ petition, the petitioner has prayed for issuance of mandamus directing the respondents to issue an appointment letter to the writ petitioner after condoning the age bar in compliance of the order dated 20.11.1998 passed by G.R. Bhattacherjee, J in WP no. 10802 (w) of 1998.

(2.) THE case of the petitioner is that he appeared for the interview held for the appointment of the assistant teacher by the Howrah District Primary School Council and was empanelled under serial no. 1483 after obtaining 34 marks. In spite of being empanelled, the appointment letter was not issued and the petitioner filed a writ petition being WP no. 10802 (w) of 1998 before this court praying for a direction upon the respondent authorities to absorb the petitioner as assistant teacher of the primary school. THE said writ application was disposed of with a direction upon the concerned authorities to consider the case of the petitioner along with other candidates according to the recruitment rules in case of any future vacancy. On the basis of the said order, several representations were made by the writ petitioner praying for his absorption as assistant teacher in terms of the order of this court passed in WP no. 10802 (w) of 1998. THE aforesaid representations were disposed of by the Director of the School Education, West Bengal holding that the petitioner may be allowed to apply for the post of the assistant teacher in future vacancy. Lastly, the writ petitioner submitted his candidature in the selection process initiated in the year 2002. THE writ petitioner has moved this writ application praying for his absorption as a primary teacher in terms of an order of this court passed on 20.11.1998 in WP no. 10802 (w) of 1998.

(3.) HAVING considered the submission of the respective parties, it is undisputed that the petitioner was empanelled in the selection process initiated in the year 1993. He was not given an appointment as he could not secured the cut-off mark fixed by an authority for giving an appointment to the post of assistant teacher. The writ petitioner challenged such action before this court in WP no. 10802 (w) of 1998 and prayed for a direction upon the concerned authority to give him an appointment to the post of assistant teacher. The writ application was disposed of on 20.11.1998 on the following : In case in future any vacancy arises for the post of the Assistant Teacher in primary school, in that case the petitioner will have the liberty to apply for such post and the concerned authorities shall consider the case of the petitioner along with the other candidates according to the recruitment rules. The writ petition stands disposed of accordingly. (Emphasis supplied)