KEHERUL ISLAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal has been filed laying challenge to the order dated February 24, 2025 passed in WPA 2596 of 2025 whereby the learned Single Judge has dismissed the writ petition by holding that there was nothing on record to show that the petitioner took any step for redressal of his grievances during the lifetime of the panel and that the petitioner was a fence sitter who woke from slumber only after an order dated July 6, 2023 was passed in WPA 27054 of 2017 (Masadul Hossain vs. The State of West Bengal & Ors.)

(2.) The Appellant - writ petitioner had filed the writ petition being WPA 2596 of 2025 praying inter alia for issuance of a writ of mandamus commanding the respondents to treat the petitioner as an "in service" contractual teacher and to recommend the appointment of the petitioner as an Assistant Teacher in Work Education.

(3.) The case run in the writ petition (as also in the application for stay) is that the writ petitioner had been in service as a guest vocational teacher at Maniknagar High School, Murshidabad at the time when the selection process for appointment of Assistant Teachers was set in motion by advertising the 12th Regional Selection Test, 2011 (hereafter "RLST" for the sake of brevity). The Appellant - writ petitioner has further contended that his appointment as a vocational teacher had been duly approved by the West Bengal State Council of Vocational Education and Training and that he was entitled to the benefit of reservation available to the "in service" Assistant Teacher/Para Teacher/ Contractual Teacher/Part Time Teacher teachers as there was a 10% quota reserved for such Teachers. The Appellant- writ petitioner has asserted that the petitioner qualified in the written test, was called for interview and was ultimately empanelled for the post in question with his name being placed at the 471st position in the list called 'Combined merit list under 12th RLST (AT), 2011' published by the West Bengal School Service Commission. The petitioner complains that despite the petitioner being so empanelled, the petitioner was not recommended by the respondent no. 3 on the ground that the in service vocational teachers were not entitled to the aforesaid reservation available tothe "in service" Assistant Teacher/Para Teacher/Contractual/Part Time Teachers. The Appellant- writ petitioner has further pleaded that he is entitled to similar orders as those passed on April 09, 2021 in WPA 3780 of 2015 (Sri Dibya Jyoti Paul vs. The State of West Bengal & Ors.) heard with WPA 3781 of 2015 (Sri Rajib Kumar Saha vs. The State of West Bengal Ors.) and on July 06, 2023 in WPA 27054 of 2017 (Masadul Hossain vs. The State of West Bengal).