PRADIP KUMAR KOTAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) CHALLENGING the judgment and order dated 17th november, 2005 passed by the learned trial Judge in a writ application registered as W. P. 3575 (W) of (2005) 2003, this appeal has been preferred by the writ petitioners whose writ application was dismissed. The writ petitioners are qualified with the Master Degree, more exactly the petitioner no. 1 passed M. Sc. In Physics from the B. N. Mondal University, Bihar and petitioner No. 2 passed M. Sc. in Mathematics from Ranchi University, Bihar by completing their Honours course, namely, B. Sc. (Physics) and B. Sc. (Chemistry) respectively from University of Burdwan and University of calcutta respectively. Both are holder of B. Ed, degree. They passed Secondary and Higher Secondary examinations conducted by West Bengal Board of secondary Education and West Bengal Council of Higher Secondary education respectively.

(2.) WHILE working in the post of Assistant Teacher in a secondary school recognized by Central Board of Secondary Education being posted at North-East region of India, suffered a decision of West Bengal School Service commission, set up under the West Bengal School Service Commission Act, 1997, rejecting their applications seeking selection following the selection process set up by the West Bengal School Service Commission in the post of headmaster of Junior High Schools situated within the State of West Bengal and recognized by West Bengal Board of Secondary Education on the alleged ground that they did not qualify the teaching experience condition imposed under Clause (II) Serial No. 2 of Schedule-I of The Selection of Person for appointment to the Post of Teachers Rules, 2006" published vide notification no. 561-SE (S) dated Kolkata the 2nd June, 2006, hereinafter for brevity referred to as Teachers Appointment Rules, 2006", issued by Government of West Bengal, School Education Department, Secondary Branch for selection of Headmaster in a Junior High School/junior High Madrasah whereby participation in a selection process of any teacher other than the teachers of a school recognized by West Bengal Board of Secondary Education or West Bengal Council of Higher Secondary Education or West Bengal madrasah Education Board for the post of Headmaster in a Junior High school/junior High Madrasah conducted by West Bengal School Service commission was debarred.

(3.) WRIT petitioner challenged the vires of the aforesaid condition stipulated in the said Teachers Appointment Rules, 2006 on the following grounds: