P.K. Ray, J. - (1.) In this writ petition the petitioner has prayed for the following reliefs : (a) A writ and/or order or orders and/or directions in the nature of a writ of mandamus commanding the respondents, their employees, agents, subordinates and other assignees to forbear for approving and appointing the selection of the respondent No. 8 as Head Teacher of the said Panchkari Radharani Adarsha Vidyalaya and further to forbear from giving any effect or further effect to the resolution dated 10.12.94 of the Managing Committee of the said school and the letter dated 10.12.94 being annexure 'E' to the petition. (b) A writ and/or order or orders and/or directions in the nature of a writ of Mandamus commanding the respondents, their employees, agents and subordinates and other assignees to pay to the petitioner the admissible allowances as officiating Teacher-in-Charge of Panchkari Radharani Adarsha Vidyalaya for the period from March 1, 1990 to December 16, 1994. (c) A writ and/or order or orders and/or directions in the nature of a writ of Mandamus commanding the respondents, their employees, agents subordinates and other assignees to select and appoint the petitioner as Head teacher of the said Panchkari Radharani Adarsha Vidyalaya and to extend the petitioner of his legal dues as Head Teacher of the school. (d) A writ and/or order or orders and/or directions in the nature of a writ of Certiorari commanding the respondents, their employees, agents, subordinates and other assignees to transmit and produce before this Hon'ble Court the records of the case so that conscionable justices may be done to the petitioner on perusal of the same and by quashing the selection of the respondent No. 8 as Head Teacher of the school and any adverse remarks against the petitioner's career. (e) Rule NISI in terms of prayers (a), (b), (c) and (d) above. (f) An interim order restraining the respondent from approving and appointing the respondent No. 8 in the said post of Head teacher of Panchkari Radharani Adarsha Vidyalaya and restraining them from giving any effect to the resolution dated 10.12. 94 of the Managing Committee of the said Vidyalaya. (g) Any other or further order of orders as Your Lordship may deem fit and proper.
(2.) It is submitted by the petitioner that in terms of the Recruitment and Leave Rules of teachers of Primary School in West Bengal as issued in terms of Notification dated 22nd November, 1991, the petitioner was required to be appointed as Head teacher in the school in question since he has qualified with Primary Teachers Training Certificate and a seniormost teacher in the school. It is contended that while the petitioner was continuing as Teacher-in-charge all on a sudden a junior-most teacher was appointed as Head teacher of the Primary School. An affidavit-in-opposition has been filed by the concerned Primary School Council wherein it is contended that the petitioner is not qualified due to lack of training qualification as required under the statute and accordingly the petitioner's name was not empanelled in the panel of Head Teacher.
(3.) The learned advocate for the petitioner, however, submits that the certificate issued by the Teachers Training Institution, Corporation of Calcutta on 15th February, 1976 relating to the Teachers Training Final Examination in junior course is a valid training certificate as required under Rule 18 of the Recruitment and Leave Rules. Under the Recruitment and Leave Rules, 1991, the definition of trained candidate is stipulated in Clause 2(n) which provides that certificate must be issued either by the Director of School Education, West Bengal or by any other officer empowered in this behalf by the State Government which would be considered as training certificate. The relevant provision of Clause 2(n) is set out in extenso: "2(n) "Trained candidates" means a candidate who has obtained a junior Basic Training/Primary Teachers' Training Certificate of equivalent issued under the authority of the Director of any other officer empowered in this behalf by the Government.";