- (1.) The writ petitioner in this proceeding seeks appropriate direction upon the West Bengal Madrasah Service Commission (Commission) for recommending his name as Assistant Teacher of English (H/PG) category in an Urdu Medium Madrasah. The specific claim of the petitioner is that there is a vacancy for such a post in Moulana Mohammed Ali High Madrasah in Kidderpore, Kolkata - 700 023.
(2.) Appointment to the vacant post of teaching staff in different Madrasahs is regulated through a State Level Selection Test conducted by the Commission. The petitioner had appeared in such test in the year 2008 and was ranked fifth in the category of Assistant Teacher in the panel prepared for the said post. From the said panel prepared subsequent to the Selection Test of 2008, four candidates had been appointed in different Madrasahs. All these four candidates were ranked above the petitioner. The petitioner was kept in the waiting list as there was no further vacancy. The case of the petitioner is that the authority of the Maulana Mohammed Ali High Madrasah (the said Madrasah) had sent vacancy statement while the selection process for the year 2008 was going on but that vacancy was not declared. Contention of the petitioner is that in the event the said vacancy was advertised for selection through the selection process conducted in that year, the petitioner would have been appointed in such vacancy as he was the fifth candidate and the four persons having already been appointed in different Madrasahs.
(3.) In course of hearing two supplementary affidavits were filed by the petitioner. In these supplementary affidavits, the cases of two candidates, being one Alim-Ul-Haque and Abdul Waheb have been referred to. It has been pleaded that these two candidates also participated in the Selection Test of 2008 but could not be appointed in any of the vacancies for which advertisements were published inviting applications for the posts of Assistant Teachers. These two candidates, it has been stated by the petitioner, were accommodated in vacancies which were reported to the Commission subsequent to publication of the advertisement, and such vacancies were not advertised for being filled up through the selection process of 2008.;