NADIA DISTRICT PRIMARY SCHOOL COUNCIL Vs. SRISTIDHAR BISWAS

JUDGEMENT

(1.) A panel for appoint of primary teachers was prepared in 1980 for the District of Nadia in which 1965 candidates were included in the panel. Out of these candidates only 600 were trained candidates. Rule 3(d) of the Recruitment Rules provides that while preparing the panel for appointment to the post of primary teachers, preference shall be given to the trained candidates in such a manner that all additional posts sanctioned by the Government from time to time due to enhancement in roll strength in existing schools and at least 50% of the normal vacancies in such schools are filled up by trained candidates only, if sufficient number of tranined candidates are available. By a notification dated 26th October, 1971 the Government of West Bengal, Education Department, Primary Branch recognized the training as an additional qualification for appointment as assistant teacher. By another notification dated 5th September, 1973, it was provided that while giving appointment out of the panel already prepared, preference should be given to the trained candidates for appointment to all the additional posts and 50% of the normal vacancies irrespective of their position in the panel, provided sufficient number of trained candidates have been included in the panel. This preparation of panel omitting to include trained candidates was challenged by Sirazul Hague Mallick and 107 others candidates in C.R. No. 2522 (W) of 1982. By an order dated 17th September, 1987 the said writ petition was allowed. On appeal being F.M.A.T. No. 159 of 1988 by the State, this order was modified by an order dated 14th of February, 1989 by directing giving appointment to the petitioners in the existing vacancies and in vacancies arising in immediate future, and that appointment would not be offered to any one other than the petitioners. This order was passed on concession by the State. The appointment in terms of the said order having not been given, a contempt petition was moved. Pursuant to the order passed in the contempt petition on 30th June, 1989, the said Sirazul Haque Mallick and 107 others were given appointment.

(2.) On 16th July, 1989, one Dibakar Pal and 87 others moved a Writ Petiton being C.O. No. 11154 (W) of 1989. This writ petition was allowed by an order dated 13th of March 1991 on the ground that Dibakar Pal and 87 others were similarly circumstanced with Sirazul Haque Mallick and 107 others and therefore, there cannot be a different kind of treatment. The appeal arising thereout was dismissed by the Division Bench. Upon a contempt application being moved, pursuant to an order dated 23rd of June 1999, the said Dibakar Pal and 87 others were given appointment.

(3.) These writ petitioners filed the present writ petition on 2nd of August 1989. For some reason or other, this matter could not be taken up for hearing. Ultimately, this writ petition was allowed by an order dated 17th January, 2001 since reported in 2001 (1) CHN 524. it may be noted that Sirazul Haque Mallick and 107 others, Dibakar Pal and 87 others and these writ petitioners Sristidhar Biswas and 54 others were admittedly trained candidates. The petitioners claimed that their names were borne on the roll of the Employment Exchange under a separate Code number being 153.10 with an endorsement that they would not get any interview calls elsewhere under the Government of West Bengal except for the post of primary teachers.