BIDYUT KUMAR GAYEN & ORS Vs. THE STATE OF WEST BENGAL & ORS
LAWS(CAL)-2016-9-13
HIGH COURT OF CALCUTTA
Decided on September 14,2016

Bidyut Kumar Gayen And Ors Appellant
VERSUS
The State Of West Bengal And Ors Respondents

JUDGEMENT

C.S.KARNAN, J. - (1.) The short facts of the case are as follows : - The petitioners submit that they are belonging to the schedule caste, schedule tribes and other communities that come under the backward class category, they have obtained 50% marks in the Higher Secondary Examination, now they are all unemployed educated youth and some of them are trained. The First Respondent / the Secretary attached to the department of Education, West Bengal Government had issued a notification dated 25.05.2015 for the Teachers' Eligibility Test, for Classes - I to V to be conducted by the West Bengal Board of Primary Education, as per the National Council for Teachers' Education guidelines. As per the notification the petitioners have submitted their respective applications along with the admissible fees. They were issued admission cards in order to appear in the Teachers' Eligibility Test which was held on 11.12.2015 by the Primary Education Board.
(2.) The petitioners' further submit that after conducting the Teachers' Eligibility Test, the said test was not published nor any valid reason given. As such, the petitioners are gravely prejudiced due to non -publication of the results of the Teachers' Eligibility Test held on 11.10.2015. A core anomaly put on hold by non - implementation. Most of the candidates are on the threshold of the age bar as per the recruitment rules. As such, the respondents herein are totally inactive and with no service rendered as required by the specified recruitment rules. However it is an admitted fact that due to the last recent General Assembly Election of West Bengal there is a delay. On completion of the elections the result was not announced, as such the petitioners and other aspirant candidates are suffering and in acute anticipation. As per the Ministry of Human Resource and Development the extended period of one year extension already expired on 31.03.2016. Hence, the petitioners seek an extension of relaxation as per Rule 18 of the Right to Children's Free and Compulsory Education Rules 2010. The petitioners further submit that aggrieved by the inaction of the respondents' / education department, declaring the result of the Teacher Eligibility Test, which was held on 11.10.2015 by following the relaxation granted by the VI respondent / The Ministry of Human Development, Government of India vide notification dated 01.04.2015. As per the said notification for relaxation the respondents have not completed the selection process for the post of assistant teacher in the primary schools in the entire State of West Bengal within the period of the said notification by the 6th respondent.
(3.) The highly competent counsel appearing for the petitioners submits that the petitioner and other untrained candidates belonging to the schedule caste, schedule tribe de -notified community, most backward classes, other backward classes etc. and all of these categories are economically belonging to the weaker section of society besides they are fully qualified in meeting the required standard and they have also obtained above 50% marks in higher secondary examination. The competent counsel further submits that the Government of West Bengal sought relaxation from the Ministry of Human Resource Development / Department of School Education and Library. Accordingly the said department/ 6th respondent had granted relaxation and the same was published in the Government Gazette, pursuant to the said notification. The respondent also issued a notification on 25.05.2015 for the Teacher Eligibility Test, the same was conducted on 11.10.2015 wherein a huge number of candidates have appeared. After conducting the said test the result had not been announced, even after a lapse of nearly 9 months, as such the aspirant candidates are put into severe hardship and suffering without the anticipated employment opportunity. Therefore a mandatory direction is of paramount importance, by publishing the result of the teachers' eligibility test. Hence, the learned Counsel makes a deep request to allow this writ petition on humanitarian grounds to say the least.;


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