SRIKUMAR SANTRA Vs. DISTRICT INSPECTOR OF SCHOOL

JUDGEMENT

(1.) This writ application under Article 226 of the Constitution is for challenging the rejection of candidature of the petitioner for the appointment on compassionate ground on the death of his father in harness.

(2.) The petitioner's father, Kumud Ranjan Santra, was the Head Teacher of the Krishnabati Primary School and while in such service he died on 18.10.1993. After the demise of Kumud Ranjan Santra his widow Smt. Nilima Rani Santra being the mother of the present petitioner, Srikumar Santra, made an application before the Chairman, Primary Education Ad-hoc Council, Burdwan on 10.05.1995 for getting an appointment of her son, the present petitioner who was then studying in Class-X and scheduled to appear in the Madhyamik Examination in the year 1996. The Council received such application sent under registered post with A/D on 16.05.1995. In the said application it was also stated that she was a helpless widow and her son might be absorbed in employment as school teacher on compassionate ground.

(3.) Thereafter, by a letter dated 10.02.1997 from the petitioner's end the Mark Sheet of his Madhyamik Examination showing his success in such examination was sent. The mother of the petitioner sent another representation over the selfsame ground on 5th November, 1997, but the Primary Education Council, Burdwan did not take any step over such application when the petitioner's mother was constrained to send another representation for the selfsame purpose. The petitioner's mother also sent a certificate dated 12.03.1997 issued by the Sabhadhipati Mangalkote Panchayat Samiti showing the total monthly income of the family of the petitioner from all sources is not more than Rs. 400/- only. However, the Chairman of the District Primary School. Council, Burdwan sent a letter dated 25.06.1998 indicating that, upon a personal hearing given to the petitioner, since the application for appointment on compassionate ground was made on 10.02.1997, such application cannot be entertained as a belated one. Such action taken by the Council without considering the certificate and the financial condition of the petitioner's family was illegal and hence this writ application under Article 226 challenging such rejection of the prayer for appointment of the petitioner as a teacher on compassionate ground.