ABDULLA MOLLA Vs. STATE OF WEST BENGAL
LAWS(CAL)-2016-6-23
HIGH COURT OF CALCUTTA
Decided on June 07,2016

Abdulla Molla Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) Mr. Chowdhury, learned advocate appearing on behalf of the petitioner submits, his client had applied for engagement as para -teacher for the subject Geography pursuant to notice dated 10th July, 2004 issued by the concerned respondents. The said notice is Annexture -'P/1' to the writ petition which does not indicate that 50% of the posts were reserved for female candidates. Referring to paragraphs 4 and 5 of the petition Mr. Chowdhury submits, his client had duly applied and was interviewed on 24th July, 2004 and told that he was found suitable for the post. Hence, the prayers in the petition for approval of the panel prepared pursuant to interview held on 24th July, 2004 and other consequential reliefs.
(2.) Mr. Chaturvedi, learned advocate appears on behalf of the State and it is his client who has filed the affidavit -in -opposition.
(3.) Mr. Hossain, learned advocate appearing on behalf of the respondent nos. 5 and 6 relies on the affidavit -in -opposition filed by respondent nos. 1 -3, in particular the statements made in paragraph 3 therein : - "3. Before dealing with the allegation made in the writ petition being W.P. No. 21272 (W) of 2007 hereinafter referred to as "the said writ petition' I say that the following facts may be considered for proper adjudication of the present case. 3a. That a notice was made regarding engagement of 6 (six) Para -teacher by Chouhata Adarsha Vidyapith vide Ref. No. N - SSA -01/2004 on 10th July, 2004, purely an contractual basis, the 5th and 6th post in social science group is History and/on Geography were both reserved for female candidate. A copy of the said notice dated 10th July, 2004 is annexed hereto marked with letter "R -1". 3b. As per resolution adopted dated 29.07.2004 by the Managing Committee of the said Institution a panel of 5 candidates were prepared for filing up two post of History but the name of the petitioner was not there. A copy of said resolution is annexed hereto marked with letter "R -2". 3c. That further it appears from the records of the Chauhata Adarsha Vidyapith that the school authority has never received any application from the petitioner and as the petitioner is a male he was beyond the ambit of consideration for the post of para -teacher in Social Science Group as both the post were reserved for female candidate and the petitioner was never interviewed nor his name appeared in the panel and also that no representation was received on behalf of the petitioner in this regard." ;


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