PRANATI AGUAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Re: CAN 5540 of 2019(Vacating application) And CAN 5621 of 2019(Vacating application) Several applications have been filed for vacating an order passed by a learned Single Judge of this Court on 22nd January, 2019 on writ petitions filed by a group of candidates who were aggrieved by an increase in the threshold qualifying percentage of marks from 45 per cent to 50 per cent. The increase was pursuant to an Amendment made to the West Bengal School Service (Selection for appointment to the posts of Headmaster/Headmistress in Secondary and Higher Secondary in Junior High Schools) Rules, 2016. The Amendment to these Rules was by a notification (No.254) dated 23rd March, 2017. The essence of the amendment was that the educational qualification including professional qualifications for candidates for being considered for the post of headmaster/headmistress would be substituted by 50% as compared to the earlier requirement of 45%. The applications have been filed by a large number of candidates who were added as respondents to the writ petitions as well as by the School Service Commission.

(2.) The added respondents are the successful candidates who have cleared the successive stages of evaluation for the post of Headmaster/ Headmistress and have been recommended for counselling. The interim order was passed after the added respondents had been empanelled for counseling, which is the stage immediately before appointment to the concerned post.

(3.) By the impugned order, the learned Single Judge was pleased to stay the counseling process which was scheduled to take place on 24th January, 2019. The interim order passed on 22nd January, 2019 has been extended by subsequent orders and is subsisting as on date. To understand the effect of the interim order, the relevant portion should be set out;