MANDIRA SEN MANDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is against a judgment and order dated 20th November, 2001 passed by a learned single Judge of this Court on writ petition No. 8745 (W) of 2001. The appellant was respondent No. 8 in the said writ petition which was filed by the respondent No. 8 in this appeal.

(2.) The dispute is regarding the selection for appointment of the assistant teacher for English in 'Chatta Kalikapur Subid Ali Girls' High School' (hereinafter referred to as 'the school') situate at Post Office Chatta Kalikapur of South 24-Parganas District of the State of West Bengal. In the panel of the two interviewed candidates, the appellant was No. 1 in merit position. The writ petitioner, who was at No. 2, filed the writ petition so as to challenge the appellant's panel position. By the impugned judgment and order, the learned single Judge allowed the writ petition; and held that by awarding marks for training qualification, to which she was not entitled, the appellant had been wrongly placed at No. 1 position.

(3.) By an order dated 19th March, 1996 the West Bengal Board of Secondary Education upgraded the school from a 4-class Junior High School to a X-class High School. Due to such upgradation it became necessary, inter alia, to appoint one Assistant Teacher for English in the language group. Consequently, by an order dated 13th December 1996 the District Inspector of Schools (S.E.), South 24-Parganas, granted permission to the school to make the appointment according to the recruitment procedure prescribed by the Director of School Education, West Bengal, under Memo No. 2066-GA dated 27th October, 1995. The permission was granted for appointment of one Assistant Teacher, preferably trained; and the required qualification mentioned was: B.A. (Honours) in English.