ARPITA SEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) A question has cropped up in the instant writ application as to whether the time limit prescribed in Rule 14 of the West Bengal Primary Teachers Recruitment Rules, 2001 can be relaxed in genuine and exceptional cases. In other words the time limit prescribed in the said Rule is directory or mandatory in nature.

(2.) BEFORE dealing with the aforesaid questions, brief facts are narrated as follows : (i) The father of the writ petitioner, Anukul Sen, since deceased, was appointed as an assistant teacher in Tarachi Primary School on 25.3.1983 (ii) the said Anukul Sen died on 21.8.2004, while in service, leaving spouse and two minor daughters including the writ petitioner (iii) the mother of the writ petitioner applied within the said period of two years as enshrined under Rule 14 of the West Bengal Primary Teachers Recruitment Rules 2001 seeking appointment of the writ petitioner on compassionate ground. (iv) the Chairman, District Primary School Council, Birbhum, vide memo No. 1086 dated 3.7.2006, directed that the application having filed by the mother seeking an appointment of a daughter, it would be proper if the daughter of the writ petitioner herein should make an application for her appointment. (v) In terms of the said direction, the writ petitioner as well as her mother applied on 11.7.2006 by two separate applications seeking the appointment of the writ petitioner on compassionate ground. (vi) The second application was rejected by the Chairman, District Primary School Council, Birbhum, vide memo No. 1267 dated 8.8.2006, on the ground that the writ petitioner did not attain the age of 18 years within two years from the date of death of the said teacher. (vii) After attaining the age of 18 years, the writ petitioner as well as her mother again applied on 24.12.2007 for appointment on compassionate ground. (viii) The fate of the third application was the same as of the second one with an additional ground that the third application is filed beyond the prescribed period of two years. (ix) The writ petitioner has challenged the memo NO. 1114 dated 11.11.2008 by which the said third application was dismissed by the concerned authority.

(3.) MR. Subir Sanyal, learned Advocate appearing for the District Primary School Council, Birbhum, respondent no. 2 submits that there is a prescribed period within which the application should be made for consideration for appointment of compassionate ground. Such prescribed period being mandatory in nature, there cannot be any relaxation of the period enumerated in the Rule governing the appointment on compassionate ground. He further argues that the Rule by which a provision is made for an appointment on compassionate ground is not a Rule for another mode of appointment but is an exception to the normal Rule of appointment and as such the Rule by which such appointment is made should be followed strictly and there cannot be any departure therefrom. He argues that the application filed by the writ petitioner was beyond the prescribed period of 2 years as enshrined in Rule 14 of the West Bengal Primary Teachers Recruitment Rules 2001 the same has been rejected by an authority.