- (1.) The Judgment of the Court was delivered by -THE petitioner in the instant application passed her Madhyamik Examination in the year 1999. Subsequently, the petitioner decided to obtain Primary Teachers' Training Certificate issued by West Bengal Board of Primary Education. Accordingly, the petitioner got admitted in a Primary Teachers' Training Institute, namely, Khamargachi Primary Teacher Training Institute, situated in Burdwan, and successfully completed her course in the year 2005 and was issued a certificate as a trained primary teacher.
(2.) It has been stated by the writ petitioner that in the year 2006, her name was sponsored by the office of the concerned Employment Exchange as an eligible candidate for the post of primary teacher sought to be filled up by the District Primary School Council, Burdwan. She has further stated that though she was invited in the year 2006 as an eligible candidate to be considered for the post of primary teacher and had duly submitted her bio- data and testimonials, no decision - either for completion or withdrawal or cancellation of the selection process - was ever disclosed by the District Primary School Council, Burdwan. Subsequently, however, on a basis of a newspaper advertisement issued on 30th August, 2009, the writ petitioner, under compelling circumstances, obtained a prescribed application form distributed for the purpose of making an application for filling up of the post of primary teacher under the District Primary School Council, Burdwan and duly submitted the same. Consequently, she was issued a admit card to participate in a written test, which was held on 29th November, 2009, wherein she duly appeared. It has been stated by the writ petitioner that although the written test was held on 29th November, 2009, no result of such test was declared. However, she could learn from the office of the respondent No.4. that on the basis of the selection process held on 29th November, 2009, about 1450 posts of primary teachers were going to be filled up including the vacancies but relying upon the interim order dated 3rd March, 2006, passed in W.P. No.4107(W) of 2006, candidates who obtained Primary Teachers' Training Certificates in the year 2003-04 as well as 2004-05, were not awarded any marks for their training qualification, in spite of holding valid certificates to that effect. It is the non-awarding of such marks in favour of the writ petitioner on the basis of her primary teachers' training qualification, for the purpose of being selected for filling-up the post of primary teacher under the District Primary School Council, Burdwan, which has prompted the writ petitioner to file the instant writ petition.
(3.) The learned senior counsel appearing on behalf of the writ petitioner submitted that the decision of the authorities not to allot ratio of 22 marks out of 100 in favour of the writ petitioner, on the basis of her Primary Teachers' Training Certificate, in view of the interim order dated 3rd March, 2006, passed by the Division Bench of this Court in W.P. No. 4107(W) of 2006 (Tulsi Baksi and Anr. v. State of West Bengal and Ors.) was wrongful and without any legal basis after the final judgment and order was passed in the matter by the Division Bench of this Court on 1st October, 2008. He then referred to the said interim order, which reads as follows:- "Considering the arguments of all the learned counsels appearing on behalf different parties, we would have to point out that so far there has been no evidence before us that the institutes though not recognised under the NCTE Act has not been recognised by the State Government also. It is an admitted fact all these institutes are recognised under the Act. It is reported that the examinations are to be held in June,2006. THErefore, instead of expressing anything in respect of the examination we would choose to limit the interim relief in the following terms: (a) THEre shall be an interim order restraining the non-recognised primary teachers' training institutes from admitting any further student for primary teachers' training course till the disposal of this writ petition. (b) THEre shall be a direction against the respondent Nos. 1 and 2 that the certificates issued by the non-recognised respondent institutes shall not be accepted as a qualification for appointment as trained candidate." According to the learned senior counsel for the writ petitioner, the above interim order was not confirmed in-toto by the Division Bench of this Court while passing the final judgment and order in the matter on 1st October, 2008. In this regard, he referred to the declaration of the Court as well as the directions given in the final judgment and order passed by the Division Bench on 15th October, 2008 in Tulsi Baksi s matter, 2008 4 CalHN 789, which reads as under: "98. On these grounds, this petition deserves to be allowed and we declare that all the respondent institutions which are not recognised by the NCTE could not be given affiliation by the Board. The Institutions, which have not followed the provisions of the NCTE Act and are not recognised by the NCTE Authority, had no right to admit students in the said training programme. 99. Accordingly, we direct that unless these institutions are recognised, they shall not have any authority to admit any student in their institutions. It is clear from the facts that these institutions have acted in flagrant disregard of the provisions of the Act and Rules. All these institutions are bound to be aware of the provisions of the NCTE Act and could not have merely on the basis of the affiliation granted by the Board admitted the poor students. We are aware that the students are now going to lose one year which is very precious in their young lives. But the law must prevail and, accordingly, we direct all these unrecognised institutions to return all the fees to each and every student. 100. Before we part we also make it clear those Institutions who are already recognised under the NCTE Act, there are no impediments for them to run their Institutions. We further direct the State Authorities to render all assistance to the said Institutions.";