HARISH TANDON, J. - (1.) THE petitioner has complained of the inaction on the part of the respondent authorities in granting approval to the panel dated 26th October 2007 which was prepared for he post of para teacher in Dakshin Mukundapur Primary School, District Malda. Pursuant to the advertisement published on 23rd August 2007 the petitioner applied for the post of para teacher of Dakshin Mukundapur Primary School, District Malda. THE last date of filing application was fixed on 9.10.2007. the petitioner claimed to have filed an application on 11th September 2007. THE eligible qualification for such post was indicated in the said advertisement to be a Madhyamik/Madrasa pass from the West Bengal Board of Secondary Education or West Bengal Board of Madrasa Education. Apart from the petitioner, the respondent no. 7 and 8 also participated in the said selection process. THE respondent no. 8 has been found successful. According to the petitioner the respondent no. 8 should not have been brought within the zone of consideration as she acquired the qualification from Rabindra Mukto Vidyalaya and not from the West Bengal Board of Secondary Education or West Bengal Board of Madrasa Education. THE petitioner claimed to have obtained the highest marks amongst the eligible candidates but the candidature of the respondent no. 8 is kept out of the zone of consideration for not having the requisite qualification.
(2.) IN affidavit-in-opposition it is stated by the respondent no. 8 that the candidate who passed Madhyamik examination from the Rabindra Mukto Vidyalaya is approved by the West Bengal Board of Secondary Education as equivalent to Madhyamik pass examination and are admitted to the higher secondary course under the West Bengal Council of Higher Secondary Education. In supplementary affidavit affirmed on 4th August 2011 the respondent no. 8 relied upon a government order bearing no. 742-SE(apptt) dated 31st July 2002 issued by the Special Secretary, Government of West Bengal by which the government has recognized the Madhyamik (secondary) and Uccha Madhyamik (higher secondary) certificates awarded by the Rabindra Mukto Vidyalaya, West Bengal to the successful candidates to be similar to the Mahyamik examination under the West Bengal Board of Secondary Education as well as Uccha Madhyamik examination under the West Bengal Board of Higher Secondary Education. By a subsequent government order no. 531-SE (apptt)/10M-51/99 dated 3rd August 2005 issued by the Joint Secretary, government of West Bengal in partial modification to the earlier government order dated 31.7.2002, the government have reiterated that the Madhyamik certificate awarded by the Rabindra Mukto Vidyalaya, West Bengal to the successful candidates who have cleared the compulsory subjects in the examination to those of the madhyamik examination under the West Bengal Board of Secondary Education. In reply, the petitioner relies upon the circular dated 571/ssm dated 27.12.2007 issued by the District Project Officer clarifying that the eligibility criteria as indicated in the said publication inviting application for the post of the additional para teacher shall be the madhyamik pass from the West Bengal Board of Secondary Education/ West Bengal Board of Madrasa Education/ Rabindra Mukto Vidyalaya, West Bengal.
(3.) THE learned Advocate appearing for the petitioner submits that the original advertisement inviting applications for the post of the additional para teacher did not incorporate that the candidates who have passed a madhyamik from Rabindra Mukto Vidyalaya, West Bengal shall be eligible to be considered for such post. Any subsequent circular has no manner of applicability in the selection process. In other words it is tried to be contended that the circular dated 27.12.2007 issued by the District project Officer is not applicable. The learned Advocate appearing for the respondent no. 8 submits that the madhyamik pass certificate issued by the Rabindra Mukto Vidyalaya, West Bengal has been recognized by the government to be similar to the madhyamik examination conducted under the West Bengal Board of Secondary Education and/or West Bengal Board of Madrasa Education. According to him the circulars by which those were recognized were issued prior to the initiation of the selection process. It is lastly contended that the petitioner himself has admitted in the writ petition that the respondent no. 8 has obtained 65.3% marks whereas the petitioner has obtained 64% marks and as such the respondent no. 8 should be appointed as the additional para teacher.;