- (1.) THE short question involved in this writ petition is, whether a candidate who participates in the selection process for appointment to the post of Assistant Teacher of a School under a District Primary School Council, constituted under the West Bengal Primary Education Act 1973, pursuant to a notification declaring a certain number of vacancies, can later, on being unsuccessful, insist that a larger number of vacancies should be filled up.
(2.) THE appointment of teachers of Primary Schools in West Bengal is governed by the West Bengal Primary School. Teachers Recruitment Rules 2001, hereinafter referred to as the Rules, framed in exercise of power conferred by Sub-Section (1) and Clause-K of Sub-Section (2) of Section 106, read with Clause (K) of SubSection (1) of Section 60 of the West Bengal Primary Education Act, 1973. Some of the relevant provisions of the Rules are set out herein below for convenience: "3. Roll Strength for a teacher.- (1) ... ... ... ... ... ... ... ... ... (2) No Council shall appoint teachers in primary schools within its jurisdiction beyond the number of teachers sanctioned by the State Government for the district or the sub-division. (3) ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 4. Filling up vacancies.- Subject to the condition that the number of vacancies to be filled up shall not exceed the number of sanctioned posts of teachers, a Council shall (a) determine from time to time, the number of 2 vacancies in primary schools within its jurisdiction in accordance with the provisions of sub-rule (1), sub-rule (2) and sub-rule (3) of rule 3 and take steps to fill up the vacancies as and when necessary. (b) also determine the vacancies in primary schools within its jurisdiction imparting education in any language other than Bengali, as per guidelines issued by the Government and fill in those vacancies. 6. Qualifications.- (1) No person shall be appointed by the Council as a teacher unless he- (a) is a citizen of India; (b) has completed the age of 18 years and has not completed the age of 40 years on the first January of the year in which the requisition for sending names of candidates is made to the Employment Exchange concerned; and (c) possesses the minimum educational qualifications as mentioned in sub-rule(2) (2) The educational qualifications for the post of a teacher shall be- (a) School Final/Madhyamik pass under the West Bengal (b) Board of Secondary Education or equivalent, ... ... ....or (c) Erstwhile Higher Secondary pass (XI class) under the West Bengal Board of Secondary Education, or equivalent ... ... ... ... 8. Calling for the names from the Employment Exchange.- (1) The number of vacancies as determined under rule 4, except in case the vacancies mentioned in rule 14 and the vacancies to be filled by intercouncil transfer under the provisions of sub-section (k) of section 19 of the Act, shall be intimated by the Council to the concerned Employment Exchange. For the purpose of preparation of panel for eligible candidates, the Employment Exchange shall be requested to send names of candidates "1:10 basis " who have requisite qualifications prescribed under sub-rule (2) of rule6: Provided that in case of non-availability of sufficient number of candidates belonging to the scheduled castes, the scheduled tribes, other backward classes, exempted category, ex-servicemen and physically handicapped persons in the Employment Exchange of the concerned revenue district, a reference shall be made by the Council to the Special Employment Exchange, exempted category cell or the like at the State level for sending further names of candidate of respective categories. (2) The letter to the employment exchange mentioned in sub-rule (1) shall contain, among other matters.- (a) the required minimum qualifications of candidates: and (b) the reservation quota for candidates belonging to the Scheduled Castes. Scheduled Tribes. Other Backward Classes. Exempted Category, Ex-servicemen and for physically handicapped candidates, maintaining the existing reservation rules as framed by the competent authority, after deducting 10% from the total vacancies (c) for appointment on compassionate ground, with relaxation of upper age limit as admissible under Government orders; and (d) the number of vacancies to be filled up. (3) Vacancies existing on date plus vacancies anticipated to arise against sanctioned strength, in course of next twelve months may be taken up as total vacancies while sending requisition to the Employment Exchange. 9. Selection Procedure.- (1) After the names of candidates for the posts of teachers are obtained from the employment exchange, all candidates 3 shall be communicated in writing to produce testimonials/certificates for computation of their marks in the score sheets to be prepared for the purpose of such selection. (2) Credit shall be given and computed in the following manner; (a) there shall be 100 marks in total as full marks; (b) Out of 100 marks, 90 marks shall be computed and allotted in the following manner:- (i) Academic qualifications as prescribed in clauses (a) and (b) of sub-rule (2) of rule 6 (ii) Training as prescribed in clause (d) of sub-rule (2) (iii) Co-curricular activities as prescribed in clause (f) of sub-rule (2) 65 marks 22 marks 3 marks Total 90 marks The remaining 10(ten) marks shall be allotted for written test; (c) the percentage of marks to the total full marks obtained by a candidate in School Final/Madhyamik Pariksha/Higher Secondary (XI class) shall be computed as percentage of 65 marks and to be recorded in the score sheet. (d)The percentage of marks to the total full marks obtained in Junior Basic Training certificate/Primary Teachers ' Training Certificate Examination or equivalent shall be computed as percentage of 22 (twenty two) and recorded in the score sheet; (e)Marks obtained in the written test shall be recorded in the score sheet; (f)In awarding marks for co-curricular activities one mark shall be credited for,- (i) a certificate that he represented the district in State (ii) level games or sports, issued by West Bengal School Sports Association; (iii) the 'A ', 'B ', or 'C ' level certificate of national Cadet Corps: provided that the maximum of such marks to be credited shall not exceed three. (3) The total marks obtained by each candidate for academic qualification, training and co-curricular activities shall be computed in the manner specified in clause ((THELAW)). Clause (d) and clause (f), and a list of names of all candidates of each category, namely, general, Scheduled Castes, Scheduled Tribes, Other Backward Classes. Exempted Category, ExServicemen and physically handicapped shall be prepared in descending order of total marks obtained by them. (4) The Selection Committee in its meeting shall finalise the total number of candidates, from the top of the list of each category mentioned in sub-rule (3) to be called for written test. The number of candidates to be called for written test shall be five times the number of vacancy unless the total number of candidates is insufficient for such written test. (5) The candidates selected for written test shall be intimated the date, time and place of their written test. (6) If any of the candidates called for written test as per provision of sub-rule (5), does not appear at the written test or does not comply with the instructions issued by the Council for the district or the sub-division, as the case may be, his candidature may be cancelled by the Selection Committee. (7) After the written test all the marks, obtained by a candidate for academic qualification, training co-curricular activities and written test, shall be added up and the names of candidates shall be arranged according 4 to total marks obtained, in a descending order. (8) After the process as laid down in sub-rule (7) is completed, the Selection Committee shall at first prepare a panel of candidates under General Category only, with all the General, Scheduled Castes, Scheduled Tribes and Other Backward Classes candidates and shall be arranged serially according to their merit. This is because the number of Scheduled Castes, Scheduled Tribes or Other Backward Classes candidates qualifying on merit for appointment to any unreserved vacancy in a service or post in any establishment to be filled up by direct recruitment shall not be deducted from the quota reserved in service or post for such candidates.
(3.) THEREAFTER the Selection Committee shall prepare separate panels for Scheduled Castes, Scheduled Tribes and Other Backward Classes candidates in the respective category as per statutory reservation rules, from amongst the remaining candidates of such categories.;