UPENDRA SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) UNDISPUTEDLY, the petitioner has been working as an assistant teacher in Naya Basti Shree Shima Junior High School (Hindi Medium) continuously since 3rd January, 1983. At the time of appointment as on 3rd January, 1983, the petitioner had the requisite qualification for the post in which he was appointed. However, at the time of his appointment, there was no sanctioned vacant post in the said school. As such he was appointed as an unapproved teacher in a nonsanctioned post. Subsequently, one post of assistant teacher was sanctioned by the concerned District Inspector of School in 1987. However, instead of appointing the petitioner in the said post another teacher was appointed in the said post.

(2.) THEREAFTER in 1991 the District Inspector of School, by issuing a Memo on 20th August, 1991, granted permission for appointing one assistant teacher in the said school. The said post was reserved for Schedule Caste candidate. The said post ultimately could not be filled up as no suitable candidate from the Schedule Caste category was available. The said post, thus, remained vacant for a long time.

(3.) THE petitioner herein was not satisfied with the said order. As such, he filed another writ petition challenging the said order of the Director of School Education by contending that since suitable candidate from the Schedule Caste category was not available, the Director of School Education not only should have de-reserved the post so that the said post could have been filled up by any general category candidate but also should have passed an order for absorption of the petitioner against the said post as there was no vacancy in the post of an assistant teacher in Bio-Science in the said school. THE said writ petition was registered as C.O. No. 17048(W) of 1996.