- (1.) By Justice Shivakant Prasad : This appeal is directed against the order dated 9th September, 2014 passed in W.P. No. 25299 (W) of 2014 [Md. Abdus Sobhan Vs. The State of West Bengal & Ors.], inter alia, on the ground that the learned Judge erred in disposing of the writ application at the motion stage and without any direction for filing affidavit by the respondents and without adding the school authority as part and that the appointment in the post of para teacher can only be made by the school authority on the basis of selection of candidates made by the Village Education Committee (VEC) and, as such, the school authority is a necessary party in the writ proceeding and without making the school authority party respondent in the writ petition has been disposed of is not sustainable in law.
(2.) It is further ground taken on record that the learned Single Judge has appreciated the Government Order dated 9th June, 2010 prohibiting appointment of para teacher was very much applicable in the context of the present facts in as much as panel in question was set aside by the District Project Officer on merit by an order dated 28th July, 2006 and the said panel survived by an order dated 2nd February, 2012 passed in W.P. 21984 (W) of 2006 and the writ petition having been filed by Chand Ali being the 2nd empanelled candidate there was no impediment to consider the candidature of other for the post in question till the embargo did not come into operation and when there was a total ban in appointment of para teacher merely because a panel was prepared prior to coming into force the circular, the said circular could not be said to be inoperative and change of law could not be said to be inapplicable since empanelment did not confirm any right to employment.
(3.) The above facts leading to the instant appeal is that by Memo No. 553/SSA dated 10th June, 2004 the District Magistrate, Nadia & District Project Director, Sarba Siksha Abhijan, Nadia issued notification for appointment of para teachers on contract basis for Primary and Upper Primary Schools for appointment to the post of para teacher for primary section in Haranagar-Chandipur Senior Madrasah the Sub-Inspector of Schools, Nakashipara Circle directed the Secretary of Senior Madrasah to paste the notice for information. Selection was conducted after scrutinize the applications.;