AJIJUL ISLAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred challenging the order dtd. 8/4/2019 passed by the learned Single Judge in the writ petition being WP 28256 (W) of 2017.

(2.) Shorn of unnecessary details the facts are that the writ petitioners/appellants herein participated in the 12th Regional Level Selection Test (in short, RLST) for appointment to the post of Assistant Teacher. Upon emerging to be successful in the selection process the appellants were empanelled but they were not called for counseling and were not offered any letter of recommendation for appointment. Aggrieved thereby, the appellants preferred a writ petition being WP 34996 (W) of 2013 which was disposed of by an order dtd. 17/12/2013 directing inter alia that 'if it is found that the writ petitioners have crossed all hurdles i.e. TET examination, subject and interview in that event the authorities are directed to call the writ petitioners in counselling and recommend them for giving appointment. It appears that the petitioners' name are appearing in the combined merit list". Challenging the said order, the West Bengal Central School Service Commission (in short, the Commission) and others preferred a mandamus appeal being MAT 1257 of 2014 which was disposed of by an order dtd. 15/3/2017, setting aside the order impugned in the said appeal. Aggrieved by the said order the appellants preferred a Special Leave Petition (in short, SLP) and the Hon'ble Supreme Court disposed of the same on 4/9/2017 observing inter alia that 'the petitioners at liberty to move the High Court so as to ascertain whether any decision has been taken not to fill up the vacancies from the existing panel". Thereafter the appellants preferred a fresh writ petition being WP 28256 (W) of 2017 but the same was dismissed by an order dtd. 8/4/2019. Aggrieved by the said order, the present appeal has been preferred.

(3.) Mr. Kabir, learned advocate appearing for the appellants submits that as the appellants, namely, Ajijul Islam (in short, Ajijul) and Bijoy Kumar Ruidas (in short, Bijoy) emerged to be successful in the 12th RLST, they were empanelled by the Commission after adding the marks they have obtained in the written examination, evaluation of academic qualification and personality test (hereinafter referred to as PT). They accordingly secured berth in the panel as defined under the Rule 2(f) of the West Bengal School Service Commission (Selection of Persons for Appointment to the Post of Teachers) Rules, 2007 (in short, the 2007 Rules). A perusal of such definition would reveal that the names of candidates empanelled should be equal to the number of vacancies declared. Thus, the Commission was under an obligation to call the appellants for counseling and to recommend their names for appointment.