NAJRIN NAHAR Vs. STATE & ORS.

JUDGEMENT

(1.) The writ petitioner was appointed as an Assistant Teacher (Geography) of Central Bhowanipur Model High School, the respondent No. 6 herein. Her such appointment was approved by the concerned authority. The petitioner being a resident of a place at a distance of 60 kms. from the said school was facing difficulties in attending the said 'school as she had to cross a river then to take ride in Cycle Van and Bus for attending the said school. It appears from the facts as alleged by the respondent No. 6 that the petitioner took study leave both from the school and the authority concerned for the purpose of taking B.Ed. training and also for appearing in the said examination. While the petitioner was thus on leave for appearing at the B.Ed. Examination sat for the Regional Level Selection Test held in the year 2001 by the West Bengal Regional School Service Commission, Southern Region for being appointed as an Assistant Teacher in a school within the said Southern Region. The petitioner was duly selected in the aforesaid test held in the year 2001. The said School Service Commission accordingly by its letter dated 26.8.2002 recommended an appointment in favour of the petitioner in Bhebia High School at Basirhat in the subject of Geography. The Secretary of Bhebia High School was accordingly directed to issue a letter of appointment to the writ petitioner. The respondent No.6 having refused to issue a release order to the writ petitioner for the purpose of joining in the aforesaid Bhebia High School, this writ petition has been filed for a necessary direction upon the authorities of the said School to issue such release order to the writ petitioner, so that she may join in the said school pursuant to the offer of appointment made in favour of the petitioner in Bhebia High School by the aforesaid School Service Commission.

(2.) The respondent No.6 seriously contested the aforesaid writ petition by contending that the writ petitioner was granted study leave for the purpose of undergoing training in B.Ed. Course and appearing at the said examination and as such he was not authorised to appear in the said Regional Level Selection Test held during the period of her leave. Secondly the writ petition is liable to be dismissed as the facts relating to the grant of study leave as above have not been disclosed in this writ petition.

(3.) So far as the first point is concerned, I do not find any provision either in the West Bengal School Service Commission Act, 1997 or in the procedure for selection of persons for appointment to the post of teachers of schools as prescribed in exercise of power conferred by sub-section (1) of Sec. 8 read with sub-section (1) and in particular Clause (D) of sub-section (2) of Sec. 17 of the West Bengal School Service Commission Act, 1997 that for the purpose of appearing in a Regional Level Selection Test, an approved teacher of a school would be required to obtain a permission from the school concerned for appearing in the said examination. It also does not provide any condition for an approved teacher of a school to sit for in the said examination. On the other hand it stipulated that there shall be no restriction of age in respect of the approved teaching and non-teaching staff of a school for appearing at such examination for selection for an appointment to the post of an Assistant Teacher, provided he has the requisite qualification and eligibility. There is no specific provision for obtaining a necessary permission from the school concerned by an Assistant Teacher whose appointment in the said school has been approved by the authority concerned. A bar for an approved teacher of a school from appearing in a Regional Level Selection Test conducted by a School Service Commission cannot necessarily be inferred with unless provided by statute. A citizen is always entitled to pursue for higher achievements and to seek for an employment in accordance to his or her convenience and choice unless a bar is imposed in this regard by any particular statute.