Jayanta Kumar Biswas, J. - (1.) The three petitioners are representing a registered society (Bengal Tailoring College). Their grievance is that because of the circular of the state Government no. 189(2)-S.E. (S)/ 6C-46/2004 dated February 22nd, 2005 the school service commission has not been accepting certificates issued by the society as proof of requisite qualification of the candidates who took the examination conducted by the commission for the post of assistant teacher of physical and work education in secondary schools.
(2.) Counsel submits that in view of the division bench decision of this court given in the appeal arising out of the previous writ petition filed by the petitiors, the school service commission cannot say that certificates issued by the society are not acceptable for the above noted purpose. In course of hearing counsel for the commission has produced today a subsequent notification of the Government dated June 15th, 2005. That is virtually the reproduction of the previous Government circular dated February 22nd, 2005.
(3.) The question that has arisen for consideration is whether in the face of the decision given by the division bench of this court in the previous case the school service commission can rely on the Government circulars dated February 22nd, 2005 and June 15th, 2005, when in the previous case it was held that the commission was bound to accept the certificates issued by the society of the petitioners for the purpose noted before. I am told that the Government circular dated February 22nd, 2005 was before their Lordships of the division bench that disposed of the appeal of the commission by order dated April 19th, 2005 saying "In the judgment under appeal, the learned Judge of the Writ Court, after setting out the factual controversy in details, came to the conclusion that by granting aid to Bengal Tailoring College and by including the said Institution in the Government's order which contains the list of institutions whose certificates are accepted for appointment of physical and work education teachers, the Government has held out a representation to the general public to the effect that certificates of such Institution be accepted for appointment of physical and work education teachers. We also do not find any reason to differ from the said observation. The writ petition was, therefore, disposed of by the learned Judge by directing the West Bengal Central School Service Commission, the appellant before us, to accept certificates issued by the Bengal Tailoring College for the purpose of appointment of work education teachers in non- Government Institutions aided by the Government. We make it clear that before accepting such certificates the appellant, the Commission before us, is entitled to verify the same and if on proper verification it is found that the certificates are not genuine, the Commission is at liberty to take steps as we provided under the law." In view of the above-noted categorical findings of the division bench of this court, I do not see how the commission can still rely on the Government circular dated February 22nd, 2005 for withholding recommendation of the selected and empanelled candidates who took the examination for the post of assistant teacher of physical and work education in secondary schools, and in support of their requisite qualification produced certificates issued by the society of the petitioners.;