TAPAN KUMAR HAZRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In these two proceedings, the petitioners are seeking direction upon the District Primary School Council Howrah for appointing them as primary teachers in the Udaynarayanpur Circle or any Circle nearby in the District of Howrah. The factual background of these two petitions and the legal issues involved are near-identical. These proceedings were heard analogous and are being disposed of by this common judgment. The petitioners' quest for employment in such capacity had started in the year 1979 when they participated in an interview for such posts.

(2.) The factual basis of both these writ petitions remain the same, except that in the later proceeding, which has been registered as W.P. No. 18583 (W) of 1997, (the second petition), a memorandum in the form of an order of the Chairman, Ad Hoc Committee, Howrah District Primary School Council dated 5 February 1997 is additionally under challenge. This memorandum was issued in response to a representation made on behalf of the petitioners in terms of an order passed by a learned Single Judge of this Court in an application taken out in connection with C.O. No. 12403 (W) of 1993. That order was passed on 12 October 1993. No affidavit has been filed on behalf of the respondents in these two matters, and the stand of the respondents resisting the claim of the petitioners becomes ascertainable primarily from the order of the Chairman, Ad Hoc Committee, Howrah District Primary School Council passed on 5 February 1997.

(3.) The petitioners appeared in an interview as per direction of the President, Ad Hoc Committee, District School Board, Howrah on 21 November 1982 for the said posts before the interview Committee for being empanelled as primary school teachers under the District School Board, Howrah. The petitioners claim to fulfill the eligibility criteria for that purpose and that question is not in dispute in these two proceedings.