Arijit Banerjee,J. - (1.) All these five writ petitions involve the same issue and hence they were taken up for hearing and disposal together. In all the writ petitions the petitioners have challenged letters of cancellation of appointment of the petitioners as Assistant Teachers in Primary Schools in West Bengal. The appointment letters were issued in favour of the petitioners by the concerned District Primary School Councils (in short, DPSC ). After the petitioners served as Assistant Teachers in various Primary Schools for different periods of time, their appointments were cancelled with effect from the dates of appointment. Arguments have been advanced by Learned Counsel on the basis of the records of WP No.14326 (W) of 2017. Hence, in this judgment, I shall proceed on the basis of the records of that writ petition. However, this judgment shall govern all the writ petitions.
(2.) The petitioner passed Madhyamik Examination with Urdu as a subject, in the year 2001. He completed his Intermediate in the year 2007 with General Hindi as the First Language. He was unsuccessful in the Teacher Eligibility Test (in short, TET ), 2012, but qualified in TET, 2014. The West Bengal Primary School Teachers Recruitment Rules, 2016 (in short, the 2016 Rules ) came into force on March 02, 2016. A notification for appointment of Primary Teachers was issued on September 24, 2016, for selection and appointment of Primary Teachers as per the 2016 Rules and the Guidelines issued by the National Council for Teacher Education (in short, NCTE ).
(3.) As per the requirement an aspiring candidate was required to be able to read, write and speak in the language relating to the medium for which he/she was intending to apply. The petitioner claims that he had fulfilled all the eligibility criteria prescribed in the appointment notification and has the ability to read, write and speak in Urdu. Accordingly, the petitioner participated in the selection process in Urdu medium. The petitioner was successful in the selection process and a letter of appointment was issued in his favour by the concerned DPSC on 05 February, 2017. After about three months, a Memo dated May 2, 2017 was issued by the concerned DPSC which reads as follows: "As per West Bengal Primary School Teachers Recruitment Rules, 2016 all the candidates must have studied English and Mathematics at the Secondary level and they must have studied the language as the First or the Second Language for the medium of instruction they have opted for at the 10+2 level. But after proper verification of all testimonials and other relevant papers it is found that you are appointed under OBC A category in URDU medium. As per your testimonials it is found that you have not studied at the 10+2 level with URDU language as the First or the Second language for the medium of instruction. Therefore, as per memo no.: 249(35)/BPE/2017 dt. 09.02.2017 your appointment, vide memo no.: 3047 12.04.2017 is hereby cancelled with effect from abinitio" It is this Memo which is under challenge in this writ petition. ;