(1.) In the year 1996 selection test for appointment to the post of Primary Teachers was conducted by the District Primary School Council. Midnapore (hereinafter termed as said School). Allegedly vacancy position was 3350.
(2.) According to the petitioners they have passed Madhyamik and/or Higher Secondary Examination and all of them also have passed Junior Basic Training and they are called trained candidates. In summary, the petitioners were eligible for appointment to the post of Primary Teachers. Rules for recruitment of Primary Teachers was at that point of time prevalent to the extent that all additional vacancies would be filled up by the trained candidates insofar as the normal vacancies are concerned 50% of such vacancies would be filled up by trained candidates and as rest 50% of normal vacancies are concerned- a balance between the trained and untrained candidates is to be created.
(3.) Originally, Association of Trained Teachers' moved a writ petition before the High Court and Honourable Mr. Justice Mohitosh Majumdar (As His Lordship then was) delivered a judgment observing that 50% teachers are to be recruited from trained candidates and insofar as the rest 50% is concerned the trained teachers will get preference.