Harish Tandon, J. - (1.) THE petitioners have assailed the selection process commenced in the year 2002 for appointment to the post of an Assistant Primary Teacher by the District Primary School Council, Howrah, in this writ petition.
(2.) THE petitioners claimed to have registered themselves with the concerned Employment Exchange for sponsorship of their candidature as trained candidates, as and when the concerned District Primary School Council notified the vacancies to the said Employment Exchange. It is a specific case made out by the petitioners that their candidatures were sponsored by the Employment Exchange in the month of April, 2002 when the petitioners were informed by the District Primary School Council, Howrah, to submit their testimonials and/or certificates. The petitioners were allowed to sit in the written test after the preliminary scrutiny and the said written test was conducted on 30th March, 2003. It is a further case of the petitioners that the said selection process should have been conducted on the basis of the West Bengal Primary School Teachers' Recruitment Rules, 2001, which came into effect on and from 15th January, 2002 but the same has been conducted by the respondent authorities under the previous recruitment Rules, 1991 which stood repealed by virtue of the subsequent Recruitment Rules of 2001. It is further stated that the said Recruitment Rules of 2001 provides that only the trained candidates who have obtained the requisite training from recognized institutes shall be eligible for such posts.
(3.) IT is a further case of the petitioners that a good number of untrained candidates have been given appointment by the said District Primary School Council. It is stated that challenging the earlier selection process, several litigations were initiated before this Hon'ble Court and the Division Bench in M.A.T. No. 73/2002 directed the respondent authorities to fill up the available vacancies after making an advertisement. The said order was passed on 21st August, 2002.;