PAPIYA PATWARY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE third and fourth respondents in the writ petition dated October 9, 1996 that was registered under C. O. No. 17173 (W) of 1996 have taken out this application dated May 6, 1997 for an order setting aside the order dated April 21, 1997 disposing of the writ petition.

(2.) THE writ petition was taken out by one Papiya Patwary and the third and fourth respondents therein were the Headmistress, Serampore Ramesh Chandra Girls High School and the Secretary, serampore Ramesh Chandra Girls High School respectively. The order dated April 21, 1997 is as follows: -As submitted by the learned advocate appearing before me on behalf of the school authorities that since no appeal was preferred against the order dated 18th June, 1996 passed by the District Inspector of Schools (S. E.), Hooghly by the school authorities, the school is directed to act in terms of the said order positively within eight weeks from the date of communication of the order and I make it clear that the time limit so fixed above is peremptory and mandatory. With these observations, the civil order is disposed of as above without any order as to cost.

(3.) THE circumstances under which the district inspector of schools gave the decision dated june 18, 1996 are these. By an order dated December 28, 1994 the district inspector of schools permitted the institute (Serampore Ramesh Chandra Girls High School) to appoint an Assistant teacher of Bengali. According to the prescribed procedure, on receipt of the permission, the institute sent requisition requesting the employment exchange to sponsor names of candidates eligible for the post. Papiya was one of the candidates whose names were sponsored by the exchange. The duly constituted selection committee interviewed the candidates on December 16, 1995 and prepared a list of three select candidates placing Papiya in the second position. Feeling aggrieved, Papiya made a representation to the district inspector of schools alleging that though she was entitled to one mark for a diploma in music obtained from one Pracheen Kala Kendra, Chandigarh, the selection committee did not give her the mark. Then alleging inaction on the part of the district inspector of schools she moved this court by filling a writ petition that was registered under C. O. No. 22564 (W) of 1995. By an order dated March 29, 1996 the writ petition was disposed of directing the district inspector of schools to consider her representation and give an appropriate decision. Accordingly, the district inspector of schools gave the decision dated June 18, 1996 holding that she was entitled to one mark for the diploma and hence the list should be prepared afresh placing her in the first position.