SHELLY JAFFRE LATIF Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard the learned Counsel appearing for the parties.

(2.) . In the instant case, it is the grievance of the petitioner that though she was selected and recommended for appointment in the post of Assistant Teacher in English as Raghunathpur Girls' High School, within the District of North 24-Parganas by competing in the selection process of the School Service Commission, but she could not join in the school due to distance factor as the school is situated at a far off distance from her residence and due to her problem in the family for the ailing husband who requires frequent medical treatment as well as for two minor children who need care. She made a representation to School Service Commission praying a change of her posting to a nearby school at Kolkata within the regional jurisdiction of said Service Commission. Her representation has not been answered in writing but has been orally refused. So the petitioner has filed this writ application praying for necessary relief. It is an admitted fact that the petitioner is permanently residing at Park Circus within the City of Calcutta. Her husband is suffering from chronic pancreatitis, which requires frequent treatment at nursing home. The documentary evidence to that effect has been annexed in the writ application. From the records of this case, it further appears that there are two little children of minor age. In the writ application, it has been asserted by the petitioner that the Raghunathpur Girls' High School is located to such a long distance from the City of Calcutta that about three hours time is consumed to reach there from her residence by availing public bus service. In a nut shell, it appears from the pleadings that due to her family problem as she is facing now as well as due to conveyance problem to reach at the said school, the petitioner could not join. Before joining to work, she made a representation to the School Service Commission, which was not allowed by the School Service Commission, contending orally, inter alia, that under the statute i.e. the School Service Commission Act, 1997 read with the Rules thereto, there is no provision to change posting as per choice of the candidate concerned. Hence, the writ petition. Clause IV of Regulation 9 of the West Bengal School Service Commission (Procedure for Selection of Persons for Appointment to the Posts of Teachers .............................. including Headmasters/Headmistress/Superintendents of Senior Madrasa in recognized non-Government Aided Schools and Procedure for Conduct of business of the Commission) Regulations, 1998, hereinafter referred to for brevity as the Regulation, 1998 has been referred to by the learned Advocate of said Commission to contend that in the event of specific contingency as stipulated in the said regulation, the Commission may recommend a candidate to other school by changing earlier recommendation. The petitiioner did not fulfill such contingency. Relevant provision aforesaid reads thus :

(3.) By a supplementary affidavit, the petitioner has brought to the notice of this Court a news publication as published in the Sunday Stateman, Calcutta dated 24th August, 2003, wherefrom it appears that considering the practical difficulty of the women candidates, the Minister-in-Charge suggested that the women candidates should be allowed a choice of three schools wherein the names could be recommended. After hearing the parties and considering the special facts of this case, that a married woman, who is maintaining her family consisting of ailing husband and two minor children, this Court wanted to know the present vacancies of the Assistant Teachers in English subject in different schools in or around Kolkata. In pursuance of such direction, the District Inspector of Schools (SE) Calcutta, by his report dated 28th November, 2003, has submitted a list by mentioning the names of five schools within the Calcutta District Jurisdiction of the said District Inspector of Schools concerned wherein there are vacancies ot English teachers, which could be filled up by candidates of general category with post-graduate degree in English. It is an admitted position that the petitioner completed her schooling from the Lorreto School Thereafter from Lorreto House graduated herself with honours in English and ultimately qualified herself with M.A. (English from the University of Calcutta. No objection has been raised about the petitioner's qualification and eligibility to teach English subject. Furthermore, the petitioner has already been selected by written test and other process, conducted by the School Service Commission for being appointed as Assistant Teacher of English subject in the post-graduate pay scale. It is true that in the concerned Act read with Rule that is in the West Bengal School Service Commission Act, 1997 and Rules, 1997, there is no provision for change of recommendation except under certain contingency as earlier stated. On the other hand, it appears before this Court that a woman candidate even being selected to work in the post of Assistant Teacher in English is not getting a chance to be appointed. To resolve this issue, now this Court has to consider the Constitutional aspect vis-a-vis, the rights of the women as well as present Government's policy on 'Women Empowerment'.