Vikas Shridhar Sirpurkar, C.J. - (1.) This appeal is filed against the judgment of the learned Single Judge of this Court allowing the writ petition filed by the writ petitioner/ respondent herein. The learned Single Judge has directed that the writ petitioner should be interviewed and if found eligible his name should be forwarded for appointment against the vacant post of Assistant Teacher in any school. Factual Scenario
(2.) An advertisement was issued inviting applications for the posts of Assistant Teachers in non- governmental aided schools. These appointments were to be in the various languages as well as other groups like Science group, Arts group like History, Geography, Political Science, etc. or the other groups like Work Education, Physical Education, Commerce, etc. The candidates had to apply on the basis of their eligibility and they were required to appear at the written test and if they were successful in that test they were to be called for personality test cum interview. The petitioner applied for the post of Assistant Teacher in English. The petitioner's qualification was that he was a Science graduate having passed his B.Sc. Examination in Bio-Science. Thereafter, it seems that he appeared in Special B.A. Examination in English held by Burdwan University and passed that examination in 1996. While appearing in that examination the total marks in English subject was 300 marks. He secured 137 marks and thus was declared to have passed that examination. A certificate seems to have been issued in his favour. On this basis he appeared for the written test for the post of Assistant Teacher and he was declared successful. On that basis he was invited for the personality test and was instructed to bring along with him all his testimonials. However, finding his qualification the appellant herein decided not to take his personality test perhaps in view that he was not eligible for the post of Assistant Teacher in English on the basis of his qualification. He, therefore, challenged the said refusal on the part of the appellant herein by way of a writ petition. The said writ petition was allowed by the learned Single Judge taking the view that he had adequate qualification for being appointed as Assistant Teacher in English since he had appeared for an examination which was comprised of 300 marks and since he had successfully cleared that examination he would be eligible to compete for the post and also for being selected for the post.
(3.) It is against this judgment that the appeal is filed now by the School Service Commission. Sri Banerjee, learned Counsel appearing for the appellant points out that the view taken by the learned Single Judge that passing of Special B.A. Examination in English would be adequate qualification for the post of Teacher in English is patently incorrect. Mr. Banerjee points out, relying on the advertisement, that the petitioner cannot even be said to be a graduate in the subject of English because passing of Special B.A. Examination in English does not result in his being conferred upon a degree and he cannot be said to be a graduate in English for that purpose. Mr. Banerjee also urges further that this position is obtained from a Government Order dated 13th March, 1992 being No.276-Edn.(S)/4A-5/92. According to Mr. Banerjee this Government order is very clear. It was further submitted by learned Counsel for the appellant that this question was not res integra and precisely this very Government order has been interpreted by this Court in the case of Abu Bakar Baidya v. State of West Bengal & Ors., reported in 2001(2) CHN 29. Learned Counsel says that unfortunately this judgment, though pronounced earlier that is on 27th November, 2000, was not brought to the notice of the learned Single Judge.;