DISTRICT PRIMARY SCHOOL COUNCIL Vs. SANJAY SARKAR

JUDGEMENT

(1.) THIS judgment and order of the learned Trial Judge dated 5th July, 2005 though brief but with reason is challenged.

(2.) THE learned Trial Judge directed the school Council concerned to consider the writ petitioner/appellant for appointment on compassionate ground taking into consideration of the issue of hardship. The learned Judge then observed that if it is found that the writ petitioner and the members of his family is in financially distress condition, he must be given appointment.

(3.) MR . Sanyal learned lawyer appearing on behalf of the Appellant submits that before the final rule was brought in to existence, a draft rule was prepared where specifically adopted son was included but thereafter at the time of finalisation of the rule, the Legislature in its wisdom has excluded the word 'adopted', so, he urges that we should infer that Legislature has excluded word 'adopted'.