WAJIHUDDIN AHMED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition has been filed by the persons, who are working as Assistant Primary School Teachers and granted appointments from 1978 till 1987. Their case is that as they are the seniormost Teachers in their Schools, they ought to be considered for appointment as Head Teachers. Each of them has satisfied the criteria for appointment of Head Teacher, as they have undergone training either in 2003-2004 from the recognized Institutions or prior there. As the training qualification is valid and on that basis the names were also included in a provisional panel prepared for appointment of Head Teachers, their names from the subsequent panel, could not be omitted. It is this revised panel of 14th February, 2012, which has compiled the petitioners to come to this court. A report has also been filed and in the said report the order dated 15th June, 2012 has been annexed, wherefrom it will appear that those Primary School Teachers, who were appointed before 3rd September, 2001 having Madhyamik or equivalent qualification with 1 Year PTT Certificate, will be eligible for promotion as Head Teacher subject to seniority and other statutory conditions. The petitioners are not only senior but also have complied with all statutory conditions and therefore, the omission of their names from the subsequent panel, is unjustified and direction be given to the authorities to include their names in the panel by revision of such panel. Counsel for the State respondents have filed a Report in the form of an affidavit and the specific case made out theirin is that the D.P.S.C., Howrah in August, 2009 had requested the Joint Secretary, School Education Department, Government of West Bengal to convoy his clear direction with regard to the matter as to whether the Teachers, who had obtained Training Certificates before 1993 would be entitled to appointment as Head Teacher and it is in reply to the said letter that a clarification was issued on 22nd July, 2010. In the case of Tulsi Bakshi, it was held that those Institutions, which have not been recognized by the N.C.T.E. Authority, would not be entitled to admit students for the training programmes. The cut-off year was subsequently clarified in the case of Hiranmoy Bhowmik as being 2005-2006. In the order dated 15th June, 2012, it has been specifically stated in paragraph-11 that those Primary School Teachers appointed before 3rd September, 2001, would be entitled to promotion as Head Teacher. Therefore, orders be passed, as may be thought fit in the light of the aforesaid.

(2.) Counsel for the respondent No. 3 submits that it is only in view of the letter dated 22nd July, 2010 issued to D.P.S.C., Howrah that the revised panel was prepared. In the panel prepared initially, the names of the petitioners were included and it is in view of the said letter that a revised panel was prepared on 14th February, 2012. In fact, from the order dated 11th November, 2002, recognition has been given to those Institutions, wherefrom training has been obtained for one year for the session 2003-2004 onward. As the petitioner Nos. 1 and 2 have completed their training in 2003-2004 and 2005, may entitle them to promotion. The petitioner Nos. 3 and 4 have obtained training in 1998-99 and in 2000. Therefore, the order dated 11th November, 2002 will not be applicable.

(3.) Having considered the submission of the parties, as the petitioners are four in number, the deficit Court Fees have not been paid till today. Therefore, the writ petition ought to be restricted to the petitioner No. 1 alone. But it has been submitted by the Counsel for the petitioners in course of hearing that the deficit stamps have been obtained and are ready for deposit. Accordingly, an opportunity is given to the petitioners to put in the deficit Court Fees forthwith.