Pratap Kr. Ray, J. - (1.) Heard learned Advocates for the parties. In the writ application, the petitioner has prayed for, inter alia, the following reliefs: "(a) A writ of and/or in the nature of Mandamus do issue commanding the respondents and each of them, whether by themselves, their servants, agents, subordinates or otherwise howsoever to act in accordance with law and forthwith; (i) Recall, revoke, rescind and/or cancel the said impugned order passed by the Chairman, District Primary School Council, Nadia in August, 1999 being Annexure 'P' to this petition; (ii) To appoint the petitioner as Primary School Teacher of the said Hatkhola Primary School, Chapra Circle, Nadia with effect from May 4, 1998 and to permit the petitioner to join the service as such Primary Teacher thereat; (iii) Refrain from refusing to recall, revoke, rescind and/or cancel the said impugned order passed by the Chairman, District Primary School Council, Nadia in August 1999 being Annexure 'P' to this petition; (iv)'Desist from refusing to appoint the petitioner as Primary Teacher of the said Hatkhola Primary School, Chapra Circle, Nadia, with effect from 4th May, 1998 and to join the service as such Primary Teacher thereat; (b) A writ of and/or in the nature of Certiorari do issue calling upon the respondents and each of the, whether by themselves, their servants, agents, subordinates or otherwise howsoever to forthwith transmit and certify to this Hon'ble Court the records of the case including the said impugned order passed by the Chairman, District Primary School Council, Nadia being Annexure 'P' hereof so that conscionable justice may be done by quashing the same and all actions taken on the basis thereof."
(2.) The fact leading to the writ application is very short. It is an admitted fact in the writ application that when the petitioner got appointment as Primary School Teacher under died in harness category in the year 1983, the petitioner was not qualified with minimum qualification, namely School Final Pass and he did not attain majority. By the letter dated 27.10.83, the Sub- Inspector of Schools concerned wanted to verify the petitioner's mark sheet so far as minimum qualification is concerned and asked the petitioner not to join in the post. However, by representation dated 29.9.83, the petitioner submitted before the said authority that mark sheet of School Final Examination was produced by the petitioner wherein it was already recorded that the petitioner did not pass School Final Examination, but there was a marking 'compartmental'. Further, it was asserted that the petitioner already joined in the post in question. The Ad-hoc Committee, District School Board, Nadia, withheld the salary of the petitioner from April, 1985, till final decision of the Board. It was communicated to the petitioner and the School Authority by its letter dated 10.5.85. The petitioner submitted a representation on 20.5.87 praying for re-appointment in the post in question upon contending, inter alia, that in the meantime, the petitioner qualified himself with minimum academic qualification, that is he passed the School Board, Nadia by the concerned Sub-Inspector of Schools with note that the petitioner by producing a forged mark sheet got appointment, and had withdrawn the salary till March 1985. The matter was considered by the Primary Schools Council under agenda No. 17 in their meeting held on 1.12.97. The agenda was "review of the case of Uttam Biswas regarding appointment as Primary Teacher under died in harness category". It was resolved unanimously by the said Primary School Council that after verification of the relevant papers the petitioner would be appointed, but such appointment would be a fresh appointment, and such appointment also would be subject to refund of the overdrawal amount, that is salary as enjoyed by the petitioner being appointed as a Primary School Teacher in the year 1983. This resolution was confirmed in a subsequent meeting of the Primary School Council as held on 8.1.98. Since nothing was done, the petitioner filed a representation on 29.4.98 praying for his re-appointment on accepting that his service was not regular and the same was an unauthorized appointment. In this representation, the petitioner further asserted that by treasury challan the petitioner already deposited Rs. 12,061/- that is salary as drawn by him. Since nothing was done, the writ petitioner moved a writ petition, being W.P. No. 8263 (W) of 1999, and by the order dated 18.6.99, M.H.S. Ansari, J. directed the Chairman, District Primary School Council, Nadia (hereinafter referred to as the said Council) to decide the said writ application as a representation of the petitioner, in accordance with law. In pursuance thereof, the petitioner faced rejection of his prayer by the decision of the Chairman of the said Council as communicated by his memo No. 3508 dated 24.8.99. The said decision of the Chairman of the said Council is impugned in this writ application. In the impugned decision, the reason as assigned rejecting the claim of the petitioner for re-appointment reads thus: "On careful verification of the records and representation with his statement it appears that his father Late Bahuballav Biswas died on 27.8.81 and Sri Biswas passed Madhyamik Pariksha in 1986 after 5 years of his father's death. His date of birth is 05.10.64 as per M.P. certificate. He deceived the council for obtaining appointment by forgery being minor and without possessing any requisite qualification for the post in due time which is highly irregular, unlawful and unjustified. As such it has become an embarrassing question to the authority concerned over such forgery beyond purview of consideration. However, with the above context of representation of Sri Biswas, the undersigned considered the matter in the light of C.O. No. 101 Edn. (P) dated 28.2.80 and G.O. No. 768 Edn.(P) dated 22.11.1991 under section 14 with related G.O. No. 12-SE (P) dated 18.1.99. The G.O. No. 101 Edn. (P) dated 28.2.80 was in force at the relevant point of time - wherein it is exquisitely and conspicuously focused that - "application for providing employment in primary schools to the wards of a teacher dying in harness should be submitted to the authority concerned within two years from the date of death of the teacher concerned. Applications received after the expiry of the aforesaid time limit need not be considered. The ward of a deceased teacher must possess the requisite educational and other minimum qualifications on the date on which he/she submits claim for such benefit. Whereas the matter appears to be time barred case as per aforesaid G.O. and hence the claim of the petitioner as per his representation in W.P. No. 8263 (W) of 1999 is considered accordingly and stands cancelled." This writ application has been opposed by the Primary School Council by filing affidavit.
(3.) It has been submitted by the learned Advocate of the petitioner that when the petitioner's father breathed last in the year 1981, the petitioner was not qualified to be appointed as Primary School Teacher not only that the petitioner was lacking necessary minimum academic qualification, but the petitioner also was lacking in respect of age. It is the case of the petitioner herein in this writ application that once the Primary School Council adopted a resolution to provide appointment to the petitioner subject to payment of the overdrawal amount, the Primary School Council cannot turn around by passing the impugned decision, rejecting the prayer of re- appointment.;