SAHARA PARVIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present writ petition was instituted primarily to question the justifiability of a decision rendered by the District Project Officer, Malda on 16/12/2013 in deference to the order dtd. 20/9/2013 passed by a Hon'ble Division Bench of this Court in MAT 813 of 2012 (Annexure-P/17 to the writ petition), whereby the District Project Officer refused to accord approval to the panel, as re-casted in terms of the order dtd. 13/9/2011 passed in WPA no. 16735(W) of 2009 taking recourse to the ban imposed by the School Education Department, Government of West Bengal vide its memo. no. 376-SE(P) dtd. 9/6/2010 in giving new engagement in the posts of Para Teacher with a further prayer for issue of writ of mandamus commanding the concerned respondents to engage the petitioner in the post of Additional Para Teacher (Social Science Group) in Nayatuli Mahanandapur High Madrasah (in shot, the Madrasah).

(2.) Before going to delve deep down the controversy, it would be apposite to advert to the facts, as frescoed in the writ petition and the documents appended thereto. In 2007, a selection process was undertaken by the managing committee of the Madrasha to engage one Additional Para Teacher in Social Science Group and as such, by a notification vide. no. 247(2400)/SSM dtd. 27/7/2007, applications were invited from the eligible and intending candidates. The essential educational qualification for the post was B.A. provided that the candidate passed the examination in the relevant subject having full marks of 300. The petitioner who graduated with History as a combination subject of 300 marks offered her candidature for the post.

(3.) An assessment of percentage of marks secured by the candidates in Madhyamik, Higher Secondary and graduation was the only mode of selection, as prescribed in the notification dtd. 27/7/2007. Accordingly, the Central Project Coordinator prepared a panel placing the petitioner, who secured 45.8% marks, at the top of the three men's panel. The other two candidates namely, Ruma Thokdar and Susmita Das acquiring 38.7% and 38.5% marks found their births in the panel against serial nos. 2 and 3 respectively.