MOHAMMAD REZUAL HOQUE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against an order dated 27.6.86 passed by a learned single Judge of this court in C.O. No. 8108(W) of 1986 whereby and whereunder the writ application filed by the writ petitioner was dismissed. The writ petitioner/appellant claimed himself to be an Organiser Teacher of Nawada Palundi Jr. High Madrasah (hereinafter referred to as the said Madrasah). The said Madrasah was recognised by the West Bengal Madrasah Education Board on 5.5.82 with effect from 1.1.82 for Class V and VI and from 1.1.83 for class VII and VIII. The petitioner was found to be working as an Organiser Teacher in the said Madrasah but keeping in view the staff pattern of the said Madrasah with effect from 5.4.80 the petitioner having not been possessed the B.Sc. qualification his service has not been approved in terms of the circular letter issued by the State of West Bengal. The said circular letter being No. 918-Edn(S)/5M-6/92 (P.F.) dated 23rd October, 1992 is to the following effect :

(2.) In view of the fact that the petitioner was not a holder of degree in Bio-Science and as the post which was lying vacant was for Bio-Science, the learned trial Judge by reason of the impugned order rightly held that the Director of School Education has not acted in any illegal manner,

(3.) Mr. De, learned counsel, appearing on behalf of the writ petitioner/appellant however has drawn our attention to the fact that keeping in view the fact that Bio-Science Teacher was not always available, that State of West Bengal itself issued a circular being No. dated 5th December, 1987, the relevant portion whereof reads thus : "