STATE OF WEST BENGAL Vs. BAHR ALAM

JUDGEMENT

(1.) CHALLENGING the judgment and order dated 22nd January, 2004 passed by learned Trial Judge in the Writ Petition No. 2481 of 2001, this appeal has been preferred by the State of West Bengal through its secretary, Education Department; Director of School Education, West bengal and the District Inspector of Schools (SE) Malda, as appellants. By the impugned order under appeal, learned Trial Judge directed to accord approval of the panel for appointment of M. M. Teacher in Batna J. M. O. Senior Madrasah, hereinafter for brevity referred to as 'concerned madrasah', by holding that Reservation Rule in terms of The West Bengal scheduled Castes and Scheduled Tribes (Reservation of Vacancies in services and Posts) Act, 1976, hereinafter referred to as 'reservation act, 1976', had no applicability for appointment of candidate in a teaching post in a Senior Madrasah in view of the decision of this Court passed in w. P. No. 29402 (W) of 1997, being a decision dated 16th November, 1999 passed by Amitava Lala, J. (as His Lordship then was) in the said writ. The impugned judgment under appeal reads such:-

(2.) THIS appeal has been opposed by the writ petitioner-respondent by taking the same point that Reservation Rule has no applicability whereby the post was reserved for Scheduled Tribes candidate following the 100 point Roster as framed in terms of the said Reservation Act, 1976.

(3.) IT is the case of the appellant that the Reservation Act, 1976 has full applicability to the educational establishment getting Government grant to maintain the school/institution by way of payments of salary, allowances and service benefits of the teaching and non-teaching staff therein and as such, they cannot bye-pass the 100 point Roster of Reservation Act, 1976.