PATHERYA,J. - (1.) The petitioner has challenged the Memo. dated 28.09.2011/29.09.2011 by which the petitioner has not been granted approval as Primary School Teacher on the ground that he has secured a Junior Diploma Certificate in Engineering without Bengali as first or second language. In an affidavit, which was filed before Justice Bhaskar Bhattacharyya and Justice Dr. Sambuddha Chakrabarti by Mr. Vikram Sen on behalf of the State respondents, the following has been admitted:- " I am of the view that the Certificate awarded by the State Council for Engineering and Technical Education, West Bengal has already been declared superior to the Madhyamik Examination Certificate issued by the West Bengal Board of Secondary Education, by virtue of the said memo in 1983, and the holders of such certificates have studied and passed the subject Bengali while completing the said course leading to the issuance of Junior Diploma Certificate during their first two years of study, and, hence, such candidates possessing Junior Diploma Certificate be considered suitable/eligible in terms of their educational qualifications for the purpose of appointment to the posts of primary teachers under the respective District Primary School Councils, subject to their fulfillment of other conditions and terms of eligibility, if any."
(2.) Rule 6 of the 2001 Recruitment Rules also does not necessitated that Bengali should be taken as first and second language. It is sufficient for the candidate to have passed in the subject Bengali for the first two years of studies, which the petitioner has done, as will appear from the Progress Report submitted.
(3.) Accordingly, the order dated 28.09.11/29.09.11 cannot be sustained in the eye of law and is accordingly set aside. Another reason for passing this order is the decision of the Appeal Court in FMA No. 40 of 2011.;