BIBHASH KARMAKAR Vs. CHAIRMAN KOLKATA PRIMARY SCHOOL COUNCIL

JUDGEMENT

(1.) The petitioner is appearing in person and has challenged the decision of the Chairman, Kolkata Primary School Council vide memo no. 842/PC dated 3.7.2010 in the instant writ petition. The case adumbrated in this writ petition is that pursuant to an advertisement published on 30.8.2009 for recruitment of the primary teacher in the government sponsored/aided primary school for the district of Kolkata the petitioner collected the application form and brochure and submitted the same on 25.10.2009. It is alleged by the petitioner that he was not called for the written test to be held on 4.7.2010.

(2.) The petitioner filed earlier writ petition being WP no. 843 of 2010 for an order to allow the petitioner to appear in the written test scheduled to be held on 4.7.2010. the said writ application was disposed of with a direction upon the authorities concerned to consider the case of the petitioner forthwith. By the impugned order the Chairman, Kolkata Primary School Council did not find the petitioner eligible to sit for the written test. The intra court appeal filed by the petitioner against the order dated 1.7.2010 was also dismissed and a special leave petition filed by the petitioner faced the same consequences but liberty was given to the petitioner to challenge the said decision dated 3.7.2010 which is impugned in this writ petition by filing the fresh writ petition. Instead of challenging the said order in the Appellate Side the petitioner challenged the same in the Original Side by filing WP No. 1386 of 2010 which was dismissed on 7th December 2010 for want of jurisdiction. Hence the instant writ petition is filed. The petitioner appearing in person contends that the authorities cannot fixed different cutoff marks in different vernacular medium under the same category i.e. scheduled caste/scheduled tribe. He contends that the authority has fixed the higher cut-off marks for Bengali medium whereas lower cut-off marks is fixed for Hindi, Urdu and Oria medium under the Scheduled Caste and Scheduled Tribe category. He strenuously submits that if a person belongs to a scheduled caste/scheduled tribe in his original state he should be treated at par with the scheduled caste/scheduled tribe of the other state and relies upon a Constitutional Bench judgment of the apex court in case of Marri Chandra Shekhar RaoVs. Dean, Seth G.S. Medical College & Ors. reported in (1990) 3 SCC 130. Mr. Ayan Banerjee, learned Advocate appearing for the state submits that the petitioner having applied for the said post cannot challenge the initial selection process after being found unsuccessful for written test.

(3.) Mr. Tulsidas Maity, learned Advocate appearing for the District Primary School Council submits that the petitioner applied for Bengali medium under the scheduled tribe category and could not obtain the minimum cut-off marks fixed therein and as such was not called for the written test. He further submits that the Primary School Council notifies the vacancies for the schools imparting the education in different medium i.e. vernacular language and such classification is rational and cannot be said to be arbitrary. He further submits that after having found unsuccessful for the written test the petitioner cannot assail the selection process after participation thereof. Having considered the respective submissions, the only thrust which has been made by the petitioner is that there may not be a different cut-off marks in different medium under the same category. According to him, if the candidate belongs to a scheduled tribe category the cut-off marks should be fixed uniformly for all the medium and there cannot be a different cut-off marks.