BASANTI DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In both these cases. the petitioners and each of them is aggrieved by not giving any appointment letters to them, despite being selected in the election process, undertaken by the Nadia District Primary School Council. There was no dispute, rather it is an admitted position that the petitioners names were sponsored under Rule 8 of the Recruitment and Leave Rules (hereinafter referred to as the said Rules) and that they were selected in the selection process, as conducted under Rule 9 of the said Rules and then, panel was formed and thereafter the panel was spent for approval of the. Council concerned under Rule 10 of the said Rules, to the Director, with all necessary papers. The panel was duly approved under Rule 10, clause (b) of the said Rules, by the Director. There is no denial and dispute as regards the petitioners' names being empanalled in the panel, which was prepared for appointment in the year 2002.

(2.) In the affidavit in opposition, the reasons for not granting appointment, have been given. It has been stated that the petitioner's qualification is not equivalent to the Higher' Secondary and/or School Final of this State. Admittedly, the petitioners and each of them obtained his Secondary School Leaving Certificate from Bhopal, Madhya Pradesh. There is no other objection and/ or dispute. As such, the Council concerned sought clarification, as regards equivalency of the qualification. The Government has clarified that the certificate obtained from Madhya Pradesh Board is not equivalent to the certificate of West Bengal Board of Secondary Education and that is why, appointment has not been given.

(3.) Mr. Maitra, learned Government Pleader, appearing with his learned Junior Mr. Kamalesh Jha submits that while giving appointment under Rule 6 of the said Rules, the Council has every right to seek for clarification from the State Government, on the question of equivalency of qualification, for the purpose of clause (b) of Rule 6 of the said Rules the decision of the Government, under clause (c) , is final. Therefore, I set out Rule 6 of the said Rules, in its entirety : Rule 6: Qualifications - (a) No person shall be appointed by the Council as a teacher unless he satisfied the conditions;