OSMAN ALI SEKH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner is aggrieved by the fact that the school authority has not been issuing the letter of appointment, though the school service commission recommended to the school to appoint him as Headmaster thereof.

(2.) On November 12th, 1979 the petitioner was appointed as an assistant teacher of the school. On March 2nd, 1995 he was appointed as assistant Headmaster thereof. The school sent the statutory requisition in prescribed form filled in by the Headmaster and Secretary of the school on December 1st, 2004. It was mentioned that the medium of instructions of the school being Bengali and Urdu, a person duly qualified for the post of Headmaster was needed. The commission initiated the selection process.

(3.) The petitioner was selected for the post of Headmaster. By its order dated January 30th, 2006 the commission recommended the petitioner to the school. According to the existing provisions of law, the school authority was to issue the letter of appointment. Since the letter of appointment was not issued, the school service commission sent letters dated March 22nd, 2006 and April 25th, 2006. The school authority was directed to issue the letter of appointment. It was mentioned that in default the question of taking action in terms of Section 9A of the West Bengal School Service Commission Act, 1997 would be considered.