DISTRICT SCHOOL BOARD MIDNAPORE Vs. PASCHIMBANGA PRATHAMIK SIKSHAK SIKHAN PRATAP BEKAR-O-SIKHAK SAMITI W BENGAL

JUDGEMENT

(1.) APPEALS have been filed on behalf of different District School Boards and District Primary School Councils for setting aside the judgment of a learned Judge allowing two writ applications filed on behalf of the applications seeking appointments as Assistant Teachers in different Primary Schools established, recognised and maintained by the District school Boards/district Primary School Councils.

(2.) A grievance had been made that the trained candidates having requisite qualifications were being ignored whereas untrained candidates were being empanelled and in due course were being appointed in different Primary schools in the State in contravention of Rules framed by the State government. . The learned Judge held that the appointment of untrained candidates as assistant teachers in different primary schools was unauthorised, and illegal. According to the learned Judge under the existing Rules, Orders and circulars framed and issued by the State Government only from time to time trained candidates have to be appointed against the vacancies occurring in different Primary Schools of the State. On that finding a direction has been given to the respondents not to give appointment to any untrained candidates and to appoint only the trained candidates in the recognised Primary Schools in the different districts of the State against the existing vacancies. A further direction has been given to strictly, rigorously and rigidly scrutinise the panel prepared by different Schools Boards for appointment against the posits of teachers in the primary Schools and to exclude those who are not otherwise ligible for being empanelled including the untrained candidates.

(3.) IT was pointed out on behalf of the appellants that the finding of the learned Judge that only the trained candidates can be appointed against the posts of assistant teachers in different Primary schools in against the provisions of the Bengal (Rural) Primary Education Act, 1930 (hereinafter referred to as "the Act") and the Rules framed there under which have been amended from time to time.