- (1.)A successful candidate has filed the instant writ petition seeking for a mandamus for appointment to the post of Assistant Teacher in any school within the control and supervision of the District Primary School Council, Howrah. Shorn of unnecessary details, the facts which emanates from the respective pleadings are that the petitioner enrolled himself with the Regional Employment Exchange, Howrah under the Scheduled Caste Category. Pursuant to notifying the vacancy by the District Primary School Council, Howrah the name of the petitioner was sponsored by the said Employment Exchange under the Scheduled Caste Category by letter dated September 13, 2006. The Council concerned forwarded the bio-data form for its submission after providing the details required therein within October 16, 2006. By another letter dated November 11, 2009 issued by the Council, the petitioner was intimated to collect the admit card to appear in the written test. Admittedly, the petitioner was allowed to sit in the written test and was subsequently found successful therein. The petitioners' name were included in the panel of the successful candidate under the Scheduled Caste Category. Since the panel is statutorily required to be approved by the Director of School Education, the panel was sent by the council for such approval.
(2.)From the affidavit-in-opposition filed by the Council, it appears that Director of the School Education declined to grant the approval to the name of the petitioner for want of caste certificate issued by the competent authority of the State of West Bengal. It is further stated therein that the Caste Certificate issued by the other state is not acceptable to the State of West Bengal in terms of the Notification No. 2740-BCW/MR-187/08 dated October 16, 2008.
(3.)In reply to the said opposition, the petitioner also annexed the caste certificate issued by the office of the Sub-Divisional Officer, Sadar, Howrah dated July 16, 2008 evidencing that the petitioner belongs to the Scheduled Caste Category in the State of West Bengal as well.