Pranab Kumar Chattopadhyay J. - (1.) This appeal has been preferred from the judgment and order dated 3rd September, 2002 passed by the learned Single Judge in the writ petition filed on behalf of the appellant. The learned Single Judge while disposing of the writ petition specifically held that the Director of School Education in the impugned order took a correct view while deciding the eligibility of the petitioner and other candidates for the post in question. The learned Single Judge categorically declared that the petitioner was never entitled to be appointed as an Assistant Teacher to teach Arabic in the said school and therefore, the appointment of the petitioner was declared a bad appointment.
(2.) The appellant herein passed the B.A. Examination in the year 1985 and B.A. (Special) Examination in Arabic in the year 1989. It has been urged on behalf of the petitioner that the learned Single Judge failed to appreciate that the writ petitioner herein had the requisite qualifications for the post of Assistant Teacher in Arabic as has been mentioned in the letter of prior permission issued by the District Inspector of Schools (SE), Murshidabad.
(3.) Referring to the academic qualifications of the writ petitioner learned Advocate of the appellant submits that the learned Single Judge erred in law in arriving at an erroneous finding that the appellant did not have the requisite qualifications to offer himself as a candidate for the post in question. By the letter dated 1st March, 1996, the District Inspector of Schools, (SE), Murshidabad granted prior permission for appointment to the post of Assistant Teacher in Arabic in the school in question and the requisite qualifications for the said post of Assistant Teacher were also specifically mentioned in the said written communication dated 1st March, 1996 which are reproduced herein below: "B.A. with Arabic (300 marks) Pref. B.T./B.Ed./P.G.B.T. reserved for O.B.C. vice Nurul Islam, expired (9th vacancy).";