LAWS(CAL)-2013-7-126

ABHISHEK GHOSH Vs. STATE OF WEST BENGAL

Decided On July 26, 2013
Abhishek Ghosh Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) Affidavit-of-service filed on behalf of the petitioner in Court today be kept with the record. This writ petition is directed against an order passed by the respondent No. 3 under Memo No. 54 Law dated March 20, 2013. The above order was passed in compliance of a direction given in the matter of Prasanta Kumar Das v. State of West Bengal & Ors. (In Re: W.P. No. 549(W) of 2012) for considering the matter. By virtue of the impugned order though the District Inspector formed an opinion, he forwarded the matter to the respondent No. 1 through the respondent No. 2 for his final decision.

(2.) Having heard the learned counsel appearing for the respective parties as also after considering the facts and circumstances of this case I find that the matter relates to approval of a panel for appointment of an Assistant Teacher of Lee Collins High School (H.S.), District - Kolkata. The above educational institution is a minority institution enjoying that status under the provision of Article 30 of the Constitution of India.

(3.) By virtue of the impugned order the respondent No. 3 came to a conclusion that the selection process including the approval of the panel under reference should be completed in accordance with the provisions of G.O. No. 1314-SE(S) dated September 17, 2002 which was enforced at the material point of time. But after considering the judgment of the Hon'ble Supreme Court of India and the order of the National Council for Minority Educational Institution he relegated the matter to the respondent No. 1 through the respondent No. 2.