BISHNUPADA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This mandamus appeal is directed against the judgement and/or order passed by the Learned Single Judge of this Court on 23rd December, 2013 in W.P. No. 36584 (W) of 2013 at the instance of the appellants who were granted leave to file the instant mandamus appeal as person adversely affected by the order passed by the Learned Trial Judge. By the impugned order, the panel which was prepared by the Kolkata Primary School Council for Head Teacher, was upset as it was not prepared in conformity with the National Council for Teachers' Education Notification dated 25th August, 2010 which according to the Learned Trial Judge will apply mutatis mutandis in respect of the appointment of Head Teachers. The legality and/or propriety of the said judgement and/or order of the learned Trial Judge is under challenge in this mandamus appeal.

(2.) Let us now consider the merit of the instant appeal in the facts of the instant case.

(3.) The West Bengal Primary Education Act, 1973 does not prescribe the procedure for appointment of Head Teacher in the primary school. The eligibility criteria of the teachers for being considered for appointment as Head Teacher has also not been prescribed under the West Bengal Primary Education Act, 1973.