Ashis Kumar Chakraborty, J. - (1.) IN December, 1996, the petitioner was selected as an Assistant Teacher in Bengali of Subdi Sitanath Vidyapith, in the District of Purba Midnapur. The petitioner is a Post Graduate in Bengali. She secured 50.2% marks in Madhyamik Examination, 42% marks in Higher Secondary Examination, 49% marks in Bengali (Hons.), 49.9% in Post Graduation and 54.4% in B.Ed.
(2.) IN this writ petition, the petitioner has challenged a notification bearing No. 760 -SE(S) dated June 20, 2005 issued by the Principal Secretary to the Government of West Bengal on behalf of the Governor (hereinafter referred to as "the impugned notification"). From February, 1998 the recruitment to the post of all Teachers including Headmaster/Headmistress, in a recognized Non -Government aided High/Higher Secondary Schools as also Secondary and Junior High Schools (hereinafter referred to as "the said Schools"), are conducted under the provisions of the West Bengal School Service Commission Act, 1997. Before issuance of the impugned notification, the essential educational qualification for selection to the post of the Headmaster/Headmistress of the said schools were governed by conditions specified by the notification bearing No. 14 -SE(S) dated January 08, 1998 issued by the same authority who issued the impugned one. As per the notification dated January 08, 1998, as amended by notification dated February 23, 2001, the essential educational qualification, for the post of Headmaster/Headmistress of the said schools was Master/Honours (Regular/Special) Degree with good academic records, criteria for which will be laid down by Central School Service Commission and a degree in Bachelor of Teaching/Bachelor in Education. There was no requirement of securing minimum marks at the Secondary or Higher Secondary level. By the impugned notification, the said notification dated January 08, 1998 was further amended to the effect that, in order to be eligible to apply for selection for the said posts of Headmaster/Headmistress of the said schools, the candidate must also have scored at least 45% marks both at the Secondary and Higher Secondary level, 40% marks in the Honours subject at Honours Level etc.
(3.) THE impugned notification was issued in exercise of power conferred on the State Government by Section 8(1) read with Section 17(1) and 17(2)(d) of the West Bengal School Service Commission Act, 1997 (hereinafter referred to as "the said Act of 1997") and Sub -Rule 7 of West Bengal School Service Commission Rules 1997.;