APURBALAL DUTTA Vs. HOOGHLY DISTRICT PRIMARY SCHOOL COUNCIL

JUDGEMENT

(1.) By this writ petition, the petitioners seek issuance of appointment letters to them, The case of the petitioners is that pursuant to the advertisement published on 6th September, 2009, the petitioners applied for the post of Primary School Teacher in Hooghly District on 21st October, 2009 and 14th September, 2009 respectively. Thereafter, Admit Cards were issued to the petitioners and they were allowed to sit for the written test so also for the interview. In fact, as no step was taken for appointment of the petitioners, information was sought under the 2005 Act and as no reply was given thereto, this writ petition has been filed and orders sought.

(2.) Clause 3 (b) of the Brochure published for Selection Test 2009 by the respondent No. 6 has defined 'Ex-Servicemen' to mean--"those who have put not less than 6 months continuous service in any rank (whether as a Combatant or as a Non Combatant) in the Armed Forces of the Union."

(3.) As the petitioner Nos. 1 and 3 were to retire on 30th April, 2010 and the petitioner No. 2 on 31" October, 2009, the petitioners were entitled to apply for the said post. In fact, Ex-Servicemen, who retired on 31st May, 2010 and had appeared in the said selection process, have been given appointment to the deprivation of the petitioners. Therefore, the petitioners are entitled to appointment as Primary School Teachers.