AMRITA BISHNU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Let affidavit-in-opposition filed by the respondent No. 2 be kept on record. The subject matter of challenge in this writ application is a communication issued by the respondent No. 2 in the matter of approval of appointment of the petitioner in the post of an Assistant Teacher in Bio-Science (P) of Kapasdanga Khadem Hossain High School/District Birbhum imposition a condition of regularisation of the leave of the petitioner.

(2.) The fact of this case in a nutshell is as follows:

(3.) The petitioner participated in the selection process relating to seventh Regional Level Selection Test (AT), 2006. She was a successful candidate. Her name was recommended by the West Bengal School Service Commission (Eastern Region) in-respect of a regular vacancy in the post of an Assistant Teacher in Bio-Science (P) of Kapasdanga Khadem Hossain High School, District-Birbhum under General category. On the basis of the above recommendation the authority of the above school issued an appointment letter in favour of the petitioner under its Memo No. 138/07 dated October 5, 2007. The above appointment was also approved by the respondent No. 3 for a period of two years with effect from October 6, 2007 by virtue of an order under Memo No. 1777(2)G dated December 7, 2007 (Annexure P2 at page 22 of this writ application). By virtue of the impugned order the respondent No. 2 decked the respondent No. 3 to instruct the authority of the above school to regularise the leave of the petitioner without pay for the purpose of retention of the additional post of Assistant Teacher for the purpose of approval of the appointment of the petitioner in the post under reference on substantive basis.