ABDUL QUDDUS Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
STATE OF WEST BENGAL
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(1.)AFORESAID two writ petitions were moved by the petitioner herein. Both the writ petitions were taken up for hearing analogously. The first writ petition being W. P. No. 7402 (W) of 1998 was moved by the petitioner questioning the condition mentioned in the letter of appointment issued by the Chairman, District Primary School Council, Uttar Dinajpur being Memo No. 390(3) dated June 11, 1997 wherein the said Chairman specifically mentioned that the appointment of the petitioner would be provisional for a period of two years up to June 15, 1999 and during the said period the petitioner should learn Mathematics and would attain such competence in the subject which can be equated with a candidate passing the Madhyamik Pariksha Examination of the West Bengal Board of Secondary Education failing which the appointment would be automatically cancelled.
(2.)THE second writ petition being W. P. No. 22536 (W) of 1999 was filed by the petitioner challenging the order dated 24th May 1999 passed by the Chairman, Ad hoc Committee, District Primary School Council, Uttar Dinajpur, whereby the said Chairman requested the head teacher of the school concerned not to allow the petitioner to continue his service beyond 15th June 1999 under any circumstances i.e. after the expiry of the provisional period of two years of service.
The petitioner herein passed the Secondary School Examination from Bihar School Examination Board although he failed in mathematics subject. The petitioner requested the Chairman, Uttar Dinajpur District Primary School Council to appoint him in the post of an Assistant Teacher on compassionate ground due to the death of his father who was also an Assistant Teacher under the said Primary School Council.
(3.)PURSUANT to the earlier direction passed by this Court, the Deputy Secretary, School Education Department, Primary Branch, Government of West Bengal directed the Director of School Education, West Bengal to advise the District Primary School Council, Uttar Dinajpur to appoint the petitioner on compassionate ground following the death of his father, an exteacher of the Primary school under the said Council, as a special case. The Deputy Secretary in his written communication dated 12th September, 1996 also mentioned that the said appointment of the petitioner would be initially on a provisional basis for a period of two years during which the petitioner should learn mathematics and would attain such competence in the subject as may be expected of a candidate passing the subject in the Madhyamik Pariksha of the West Bengal Board of Secondary Education and satisfy the District Inspector of Schools, Uttar Dinajpur in this regard. The relevant portion from the said letter of the Deputy Secretary is quoted hereunder : ''the undersigned is directed to request him to advise the District Primary School Council, Uttar Dinajpur to appoint Md. Abdul Quddus son of late Md. Ishaque, Exteacher of a Primary school in Uttar Dinajpur District as a Primary School teacher under the jurisdiction of the District Primary School Council, Uttar Dinajpur on compassionate ground following the death of the his father in harness as a special case. Such appointment may be made initially on provisional basis for a period of two years during which Md. Abdul Quddus should learn Mathematics, attain such competence in the subject as may be expected of a candidate passing the subject in the Madhyamik Pariksha of the West Bengal Board of Secondary Education and satisfy the District Inspector of School, Uttar Dinajpur that he has attained such competence, whereafter Md. Abdul Quddus may be allowed to continue in that post. ''
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