MANAS KUMAR SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) A decision of the District Inspector of Schools (DI), Secondary Education, Murshidabad dated 13th May 2019, by which a Panel for the post of Assistant Headmaster (AHM) was disapproved and was directed to be formed afresh is the subject-matter of challenge in this writ petition. The petitioner prays for setting aside of the impugned decision and for recasting of the Panel and for being appointed as the first empanelled candidate for the post of Assistant Headmaster of "Khagra Gurudas Tarasundari Institution".

(2.) The genesis of the present proceeding arises from an order of a Learned Single Judge dated 30th October 2017 passed in WP 25818 (W) of 2017 by which the DI was directed to consider the petitioner's representation and pass a decision. The petitioner in that proceeding was one Basudeb Naskar who had also appeared for the post of AHM and challenged the selection process. Pursuant to this direction, the DI passed a reasoned order by noticing several Government Orders in relation to correspondence course/distance mode of learning by reason of which the DI referred the matter to the 'higher authority' for a 'meaningful interpretation' / clarification of the GOs. The petitioner's case was also mentioned in the said order. The Higher Authority, being the Director of School Education (Law), West Bengal, responded with reference to a Memo dated 30.10.2018 from the Registrar, Netaji Subhas Open University, which in turn referred to a public notification dated 23.02.2018, which stated inter alia that degrees/certificates awarded for Open and Distance Learning programmes should be treated as equivalent to the corresponding degrees/certificates from traditional universities. The impugned order forming the basis of this Writ Petition was passed after the view of the Director of School Education was conveyed to the DI.

(3.) The case of the petitioner is that the petitioner was unfairly excluded from the zone of consideration by reason of being awarded 4 instead of 7 marks in reliance of a 'Corrigendum' (to an earlier Memo) dated 30th April 2003 published by the School Education Directorate in relation to Guidelines for recruitment of Asst Headmaster/Headmistress of Recognised Aided Non-Govt Secondary Schools etc.