- (1.) The petitioner in this writ petition dated December 23, 2014 has impugned an order of the Principal Secretary, Department of School Education, Government of West Bengal, respondent no. 2, circulated vide memo dated April 28, 2003. While praying for setting aside the same, the petitioner has prayed for further direction on the respondents to offer her appointment on the post of Work Education and Physical Education Teacher in Bishalaxmipur Puna Saha Mostania High Madrasah (hereafter the said madrasah) with effect from April 16, 1984 and to approve her appointment as per instruction issued by the Directorate of Madrasah Education, respondent 9, vide memo dated November 11, 2011 and memo dated April 27, 2012. The impugned order of the Principal Secretary records as follows: "This hearing follows the order of the Hon'ble Supreme Court of India dt. 7.1.2002 in SLP (Civil) No. 9057 9058 of 2001 (Coram N. Santosh Hegde and Doraiswamy Raju, J.J.). The petitioners present were Shri Kalyan Maiti, Shri Joydev Ghosh, Smt. Ila Jana, (appearing in their personal capacity) and Smt. Banalata Ojha (represented by Shri Anjan Bhattacharyya, Advocate).
(2.) The SLP filed before the Supreme Court relates to judgement and order dt. 25.4.2001 of the Hon'ble Calcutta High Court in FMAT No. 337/94 and C.R. No. 398/94 (Coram A. K. Mathur CJ and G.C. Gupta J). In this High Court order reliance had been placed on the findings of the then Education Secretary which was quoted verbatim in the Court order.
(3.) Since this finding had been accepted by the High Court and there was no contrary decision at the Supreme Court, I shall be guided by the finding of my predecessor in office.;