RINA HALDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) While disposing of the petitioner s earlier writ petition being W.P. No. 16221(W) of 1999, the claim of the petitioner for her absorption on regularization of her service which she was rendering in the Madrasah even prior to its recognition as Organizer Teacher was rejected by a Learned Single Judge of this Court by relying upon the decision of the Hon ble Supreme Court in the case of Secretary, State of Karnataka- versus- Uma Devi, 2006 4 SCC 1. The petitioner, herein, tried to reopen the issue which was decided in the said writ petition by filing another writ petition being W.P. No. 496(W) of 2010. The said writ petition (W.P. No. 496(W) of 2010) was also dismissed by another Learned Single Judge of this Court on 17th May, 2010 by holding inter alia that the same question cannot be re-agitated repeatedly by filing successive writ petitions for claiming the reliefs which had already been denied to her in the earlier writ petition.

(2.) Even thereafter the petitioner did not stop. The petitioner has again filed the instant writ petition by renewing her prayer for her absorption on regularization of her service in the said Madrasah which has subsequently been upgraded to High Madrasah, in the additional posts which have been sanctioned for the upgraded classes namely Class IX and Class X in the said Madrasah. Mr. Sanyal, learned Advocate, appearing for the petitioner, tried to impress upon this Court that the present writ petition is not barred by the Principles of Resjudicata as the context in which the earlier writ petitions were rejected, has since been changed after upgradation of the said Junior High Madrasah to the High Madrasah. It is contended by him that when the earlier writ petitions were rejected by this Hon ble Court, then there was no vacancy in any sanctioned post in the recognized Junior High Madrasah wherein the petitioner could have been absorbed. It is pointed out by him that the situation has now altered after upgradation of the said Junior High Madrasah to High Madrasah as the additional posts which were sanctioned for the upgraded classes namely Class IX and Class X still remains vacant where the petitioner can be absorbed as she can satisfy the eligibility criteria for one of such newly sanctioned posts. He further contended that when the seven organizer teachers including the one who was junior to him, have already been absorbed on regularization of their services after the said Madrasah was recognized by the Board, the petitioner who was similarly placed with the other organizer teachers of the said Madrasah cannot be singled out. Thus, in short he wanted to agitate the point of discrimination in support of his client s claim for regularization of her service.

(3.) Mr. Panja, learned Advocate, appearing for the West Bengal Board of Madrasah Education, refuted such submission of Mr. Sanyal by drawing my attention to the letter written by the Secretary of the West Bengal Board of Madrasah Education to the Secretary of the said Junior High Madrasah whereby the Board s decision to upgrade the said Junior High Madrasah to High Madrasah with effect from 1st May, 2010, was communicated to the Secretary of the said Madrasah. He pointed out that permission to open Class IX from 1st May, 2010 and Class X from 1st May, 2011 was given to the said Junior High Madrasah provisionally for three years subject to fulfillment of the conditions mentioned therein. The conditions which are relevant for the present purpose which were mentioned in the said communication letter are as follows: Condition No. 7. The teaching and non-teaching staff of the Madrasah should be appointed by the Managing Committee only on the recommendation of the West Bengal Madrasah Service Commission constituted for selection of teaching and non-teaching staff; Condition No. 9. The Madrasah authority shall strictly follow the Act and Rules of the State Government and shall abide by regulations and guidelines of the Board from time to time; By referring to the said conditions Mr. Panja submitted that the additional posts which were sanctioned for the upgraded High Madrasah, can only be filled up by following the condition no.7, as referred to above. According to him, those posts cannot be filled up in any other manner save and except in the manner as mentioned in the condition no.7 as mentioned above.