APU DHAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE short question involved in this writ petition is, whether a candidate who participates in the selection process for appointment to the post of Assistant Teacher of a School under a District Primary School Council, constituted under the West Bengal Primary Education Act 1973, pursuant to a notification declaring a certain number of vacancies, can later, on being unsuccessful, insist that a larger number of vacancies should be filled up.

(2.) THE appointment of teachers of Primary Schools in West Bengal is governed by the West Bengal Primary School. Teachers Recruitment Rules 2001, hereinafter referred to as the Rules, framed in exercise of power conferred by Sub-Section (1) and Clause-K of Sub-Section (2) of Section 106, read with Clause (K) of SubSection (1) of Section 60 of the West Bengal Primary Education Act, 1973.

(3.) THEREAFTER the Selection Committee shall prepare separate panels for Scheduled Castes, Scheduled Tribes and Other Backward Classes candidates in the respective category as per statutory reservation rules, from amongst the remaining candidates of such categories.