LAWS(CAL)-2023-4-105

MD. MOYNUL HOQUE Vs. STATE OF WEST BENGAL

Decided On April 28, 2023
Md. Moynul Hoque Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) Challenge in this writ petition is against a letter dated 16 th May, 2019 issued by the Joint Secretary to the Government of West Bengal, Panchayats and Rural Development Department whereby the petitioner was directed to step down from the post of Samprasarak of a Madhyamik Shiksha Kendra.

(2.) The background facts which led to the filing of the writ petition may be summed up as under:

(3.) The managing committee of the Shiksha Kendra empanelled the private respondent Chandra Shekhar Mukherjee as the first candidate and the petitioner as the second candidate. Challenging the engagement of the private respondent the petitioner filed a writ petition being W.P No. 19439(W) of 2007 in this Court. A learned Single Bench disposed of the writ petition directing the District Panchayats and Rural Development Officer to consider the objection of the petitioner. In compliance of the Court's order the District Panchayats and Rural Development Officer passed an order observing that the process of selection to engage the private respondent as a Samprasarak in Life Science was improper and accordingly the selection of the private respondent was cancelled. By the same order the District Panchayats and Rural Development Officer directed the authority of the Shiksha Kendra to take necessary steps for selection of Samprasarak in Life Science following the guidelines laid down by the Panchayats and Rural Development Department, Government of West Bengal. Though the petitioner was empanelled as the second candidate, but, he was not engaged as a Samprasarak.