KALU CHANDRA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner has complained of the inaction on the part of the respondent authorities in granting approval to the panel dated 26th October 2007 which was prepared for he post of para teacher in Dakshin Mukundapur Primary School, District Malda. Pursuant to the advertisement published on 23rd August 2007 the petitioner applied for the post of para teacher of Dakshin Mukundapur Primary School, District Malda. THE last date of filing application was fixed on 9.10.2007. the petitioner claimed to have filed an application on 11th September 2007. THE eligible qualification for such post was indicated in the said advertisement to be a Madhyamik/Madrasa pass from the West Bengal Board of Secondary Education or West Bengal Board of Madrasa Education. Apart from the petitioner, the respondent no. 7 and 8 also participated in the said selection process. THE respondent no. 8 has been found successful. According to the petitioner the respondent no. 8 should not have been brought within the zone of consideration as she acquired the qualification from Rabindra Mukto Vidyalaya and not from the West Bengal Board of Secondary Education or West Bengal Board of Madrasa Education. THE petitioner claimed to have obtained the highest marks amongst the eligible candidates but the candidature of the respondent no. 8 is kept out of the zone of consideration for not having the requisite qualification.

(2.) IN affidavit-in-opposition it is stated by the respondent no. 8 that the candidate who passed Madhyamik examination from the Rabindra Mukto Vidyalaya is approved by the West Bengal Board of Secondary Education as equivalent to Madhyamik pass examination and are admitted to the higher secondary course under the West Bengal Council of Higher Secondary Education.

(3.) THE learned Advocate appearing for the petitioner submits that the original advertisement inviting applications for the post of the additional para teacher did not incorporate that the candidates who have passed a madhyamik from Rabindra Mukto Vidyalaya, West Bengal shall be eligible to be considered for such post. Any subsequent circular has no manner of applicability in the selection process. In other words it is tried to be contended that the circular dated 27.12.2007 issued by the District project Officer is not applicable.