KARTICK RUIDAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioners have ventilated the common cause in this writ petition. Admittedly, all the petitioners are the registrants of the concerned Employment Exchanges and their names were sponsored to the District Primary School Council, Burdwan for the post of the primary teacher in a primary school within the said District in the year 1999.

(2.) UNDISPUTEDLY, the recruitment process was conducted on the basis of the rules regulating the recruitment and leave of the teachers in primary school in West Bengal framed vide a notification no. 768-Edn (p) dated 22 November, 1991 in exercise of the power conferred under Section 106 & 60 of the West Bengal Primary Education Act, 1973. In terms of the provision contained in Rule 9 thereof, all the sponsored candidates were allowed to produce the testimonial/certificates for the computation of their marks in the score sheet prepared for such purposes. The petitioners are, thereafter, selected for the interview and were empanelled for appointment. In facts, they were issued the appointment letter upon necessary approval from the Director of the School Education, West Bengal.

(3.) HE submits that the fraud vitiates all solemn act and, therefore, the order of termination passed by the authority cannot be faulted with and placed reliance upon a judgment in case of Bhaurao Dagdu Paralkar vs. State of Maharashtra & Ors. reported in (2005) 7 SCC 605. He further submits that on identical facts and circumstances, the Apex Court held that the appointment is liable to be cancelled if the same has been obtained on production of the fake and fabricated marksheet and placed reliance upon an unreported judgment in case of District Primary School Council, WB vs. Mritunjoy Das & Ors. (Civil Appeal 6007 of 2011 decided on July 27, 2011).