ADWAITYA BERA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) IN almost all these bunch of the writ petitions, the petitioners prayed for an order commanding the respondents to allow them to sit in the written test/interview conducted by the concerned District Primary School Council for filling up the post of the Assistant Teacher in the Primary School within their respective districts. Almost in all the writ petitions, by way of an interim order, the concerned District Primary School Council was directed to allow the petitioners to sit for an interview/ written test and some of the petitioners of these bunch of writ petitions are found successful and have been figured in the panel of the successful Candidates, but their appointments are withheld because of the pendency of the instant writ petition.

(2.) THE point which hinges for consideration is whether the petitioners who are successful Candidates and have been empanelled but their appointments are withheld because of the pendency of the writ petitions, Can be directed to be appointed to the post of an Assistant Teacher, even if their Candidature is not sponsored by the employment exchange.

(3.) AFTER the judgment rendered by the Supreme Court in case of K.B.N. Visweshwara Rao (supra) the point came up for consideration before the Division Bench of this court in case of Tanmoy Ramaya Lahiri Vs. State of West Bengal reported in, (2008) 3 WBLR (Cal) 108 whether Rule 8 of the aforesaid Recruitment Rules where zone of consideration is restricted amongst the sponsored Candidates is ultra vires to the Constitution or not. The Division Bench in the said report held: