Pratap Kr. Ray, J. - (1.) :- In this writ application a very short question is involved on the issue whether a sole candidate for the post of Headmaster in any Secondary and/or Higher Secondary School could be recommended by the School Service Commission irrespective of the fact that the Expert Committee for such selection constituted under the School Service Commission Act, 1997 and the Rules made thereto expressed their views that the candidate was not suitable for the post of Headmaster of a Secondary/Higher Secondary School due to his lack of personality as adjudged by the said Expert Body upon holding oral interview of the candidate in terms of the statutory rule, which provides that the marks of personality test to be added along with other marks under different heads namely for academic qualification, for training qualification and for teaching experience for the purpose of empanelment of a candidate in a panel for necessary recommendation for the said post.
(2.) Learned counsel for the petitioner has relied upon a judgment of this Court passed in the case Nivedita Ghosh (Paul) v. State of West Bengal & Ors. in W.P. No. 197](W) of 2002, 2002(3) CHN 494, wherein one learned Judge of this Court on interpretation of the statutory rules applicable in the field of selection of a candidate for the post of Headmaster held that since there was no minimum pass marks fixed in the personality test, a sole candidate even on securing zero marks in such test would be entitled for recommendation as the law provides that on adding the marks under the different heads namely a, b, c, and d i.e. academic qualifications including professional qualifications, higher qualifications, experience in teaching and personality test respectively, a candidate to be empanelled.
(3.) This application has been opposed by the School Service Commission contending inter alia, that already an appeal is pending against the said decision Nivedita Ghosh (Paul) (supra) for adjudication as to whether in a selection post even a candidate secures zero marks in personality test and the candidate being a sole candidate for the said post could be entitled to have recommendation just on mathematical calculation of the marks under the heads a, b, c, and d respectively. It has been urged by the learned Advocate for the School Service Commission that since the post is a selection post, though there is no mentioning in the statutory rule fixing minimum pass marks in the personality test, a candidate who lacks proper personality while it is tested in the oral interview, cannot claim right of recommendation only on the application of the mathematical formula of addition of the marks on other heads when the candidate is the sole candidate for such selection. Hence, in a nutshell, before this Court, rules on the interpretation of the statutory provision vis-a-vis the object and purpose of the statute is the main beacon light for adjudication of this case. The statutory provision accordingly are required to be dealt with first to ascertain the nomenclature of the post, its significance and gravity to run a Secondary and/or Higher Secondary School by the Headmaster as well as other factors namely benefits of the students of the concerned school wherein a Headmaster to be posted. The relevant statutory rule in the field has been published in the Calcutta Gazette being Notification No. 14-SE(S) dated Calcutta, the 8th January, 1998 and its subsequent amendment by Notification No. 270-SE(S) dated 23rd February, 2001. The relevant prc visions of the said Recruitment Rules are to this effect: NOTIFICATION No. 14-SE (S) Calcutta the 8th January, 1998. --------------- 15-6/97 In exercise of the power conferred by sub-section (1) of Section 8, read with sub-section (1), and, in particular, clause (d) of sub-section (2) of section 17, of the West Bengal School Service Commission Act, 1997 (West Ben. Act IV of 1997) and sub-rule (I) of rule 7 of the West Bengal School Service Commission Rules, 1997, the Governor is pleased hereby to make the following procedure:- Procedure 1. (1) These procedures shall be called the procedure for selection of persons for appointment to the posts of Teachers of Schools recognised by The West Bengal Board of Secondary Education or the West Bengal Council of Higher Secondary Education or the West Bengal Board of Madrasah Education, as the case may be. 2. They shall come into force on the date of their publication in the Official Gazette. 3. Post-wise eligibility criteria shall be as follows : Name of Post: A. Headmaster/Headmistress of High/Higher Secondary Schools and High Madrasah. (i) Method of Recruitment: By selection (direct) in consultation with West Bengal Regional School Service Commission of the concerned region. (ii) Eligibility: Citizen of India. (iii) Qualifications: Master/Honours (Regular) Degree with degree in Bachelor of Teaching/Bachelor in Education/Post-Graduate Basic Training from any recognised University of any training recognised by the Government of West Bengal as equivalent to Bachelor of Teaching/Bachelor of Education/Post-Graduate Basic Training; 10 year's continuous teaching experience in approved service in a Higher Secondary/High School/High Madrasah recognised by the West Bengal Board of Secondary Education/West Bengal Council of Higher Secondary Education/West Bengal Board of Madrasah education on the date of advertisement. (iv) Age: There shall be no restriction of upper age for appearing at examination for selection for appointment to the above posts. B ............... 4. Selection Procedure : Selection of candidates for the post of Teacher/Headmaster/Headmistress/ Superintendent of Senior Madrasah shall be made in the following manner : JUDGEMENT_52_LAWS(CAL)5_2004.1.html The qualification and the procedures of selection was amended subsequently by Notification No. 270-SE(S) dated Calcutta, 23rd February, 2001, which reads thus : NOTIFICATION No. 270-SE (S) Dated, Calcutta, the 23rd February, 2003. In exercise of the power conferred by sub-section (1) of section (8), read with sub-section (1), and, in particular, clause (d) of sub-section (2) of section 17, of the West Bengal School Service Commission Act, 1997 (West Ben. Act IV of 1997) and sub-rule (1) of rule 7 of the West Bengal School Service Commission Rules, 1997, the Governor is pleased hereby to make the following amendments in the procedure for selection of persons for appointment to the posts of Teachers of Schools recognised by the West Bengal Board of Secondary Education or the West Bengal Council of Higher Secondary Education or the West Bengal Board of Madrasah Education, as the case may be, published under department notification No. 14-SE (S) dated the 8th January, 1998, in part-1 of the Calcutta Gazette, Extraordinary, dated the 15th January, 1998, as subsequently amended' (hereinafter referred to as the said procedure) : AMENDMENT In the said procedure, (1) in procedure 3, under the heading "Name of Post." - (a) Under the sub-heading "A. Headmaster/Headmistress of High/Higher Secondary School and High Madrasah", in clause (iii) for the words "Master/Honours (Regular) Degree with", substitute the words "Master Degree with good academic records, criteria for which will be laid down by the Central School Service Commission and a", (b) under the sub-heading:- "B. Headmaster/Headmistress of Junior Higher School/Junior High Madrasah." in sub-clause (i) of clause (iii) for the words "Master/Honours (regular/special)", substitute the word "Master" (2) .......... (A).......... C. Selection of candidates for the Post of Headmaster/Headmistress of Junior High School/Junior High Madrasah shall be made in the following manner : JUDGEMENT_52_LAWS(CAL)5_2004.1.html The Central School Service Commission shall, on receipt of the information about vacancies of post of Headmaster/Headmistress/Superintendent of Senior Madrasah in School/madrasah, as the case may be, advertise for each of such vacancies in such post, regionwise, with qualification, age and other requirements as per rules, procedures and regulations. There shall be one panel for each School/Madrasah and no candidate shall be permitted to apply for more than two Schools/Madrasahs at any point of time. Each Regional School Service Commission shall, on scrutiny of applications within its jurisdiction and under the supervision, guidance and control of the Central Commission, call for interview of the eligible candidates not exceeding five (5) based on the merit list prepared on the basis of total marks obtained as per items (a), (b) and (c) above. The' Regional School Service Commission, shall, after holding the Personality Test and on the basis of the total marks obtained as per items (a), (b), (c) and (d) above for each School/Madrasah as the case may be, prepare a final merit list of candidates containing names not exceeding three. All other relevant matters such as form of application, price of the form, Constitution of the Personality Test Board, manner of recommendation, validity of each panel shall be decided mutatis mutandis as per existing regulations and resolutions made by the Central Commission." Having regard to the amendment as on 23rd February, 2001, which is applicable in the present case, it appears that the system of written test was abolished and from the eligibility qualification Honours Degree was deleted by fixing minimum eligibility qualification Master Degree in any subject. Clause (c) of the Notification dated 23rd February, 2001 under heading "allotment of marks and empanelment of the candidate", has been interpreted by one of my learned brother in Nibedita (supra) which has already been discussed. From the nomenclature of the post of Headmaster, it appears from the Notification No.14-SE(S) dated Calcutta, 8th January, 1998 that it is a "selection post." decidendi and not some conclusion based upon facts which may appear to be similar. One additional or different fact can made a world of difference between conclusions in two cases even when the same principles are applied in each case to similar facts.";