HARISH TANDON - (1.) THE petitioner has assailed the decision of the Chairman, Birbhum District Primary School Council vide memo No.598 dated 25.04.2003, whereby and whereunder the said authority issued notice to showcause as to why the letter of appointment dated 04.04.2003 should not be cancelled, quashed and/or with drawn by the concerned District Primary School Council.
(2.) BRIEFLY stated the facts that the name of the petitioner was sponsored by the concerned employment exchange for the post of the primary teacher under non-formal category. The petitioner was called for the interview on 29.11.1993. It should be pertinent to mention that prior to the initiation of the said selection process, several litigations were pending before this Honble Court in relation to the entitlement of the non-formal candidates for appointment as primary teacher under such category. Subsequently, those litigations came to end and it was held that the candidates sponsored under the non-formal category cannot have special advantage. Since by this time, several candidates including the petitioner were sponsored under the non-formal category and a separate panel was prepared by the selection committee. It was decided by the chairman of the Adhoc Committee of the Council to send the said panel, after including the name of non-formal candidates in general category. Pursuant to the said decision, the supplementary panel consisting of 111 candidates including the petitioner was forwarded to the Director of School Education for necessary approval. Since no action was taken by the said authority on the basis of such recommendation, the petitioner filed a writ petition being W.P 1551 (w) of 1997before this court which was disposed of with a direction upon the Director of School Education to consider the matter in accordance with law upon giving an opportunity of hearing to the respondent No.1 therein. Pursuant to the said order passed in W.P. 1551 (w) of 1997, the director of school education took the decision by rejecting the claim of the petitioner on the ground that the supplementary panel was prepared upon giving some special weightage to the non-formal candidates. Against the order of rejection, some of the empanelled candidates of the supplementary list filed writ petition being W.P. 17218 (w) of 1997 which was disposed of on 26.04.2000 by directing the concerned authority to take a decision regarding the approval of the panel without giving any special weightage as non-formal candidates.
(3.) SUBSEQUENTLY, it was decided in the meeting of the council that the nonformal candidates who secured the higher marks than the last cut off marks fixed under the unreserved general category shall be approved and the panel so prepared, was again sent to the director of the school education for granting the approval. It is stated that the last cut off marks under the unreserved general category was 19.33 and the candidates under the non-formal category who secured the same or the higher marks were empanelled. In terms of the said decision, the candidates who were the petitioners in W.P. 17218 (w) of 1997 were empanelled and the name is sent for approval. The other left out non-formal candidates including the petitioner who were not empanelled inspite of the said decision moved before this court by filing a writ petition being W.P. 8460(w) of 2002 and this court on 27.06.2002 directed the Chairman, District Primary School Council to consider their candidatures in accordance with law. Ultimately, the names of the candidates who could secure the said last cut off mark i.e 19.33 or above were sent for approval and the name of the petitioner was included therein. Ultimately, the said panel was approved and the candidates who were found successful including the petitioner were given letter of appointment.;