MD. ALAUDDIN MOLLA & ORS. Vs. THE STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2017-6-313
HIGH COURT OF CALCUTTA
Decided on June 29,2017

Md. Alauddin Molla And Ors. Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

ARIJIT BANERJEE, J. - (1.) Common questions of fact and law are involved in these three writ applications and as such they are taken up for hearing and disposal together. The subject matter of challenge in all the three writ applications is a Memo bearing No. 46/L/DPSC/S. 24 Pgs dated 14 February, 2017 (in short the 'impugned Memo'). By issuing the impugned Memo the Chairman of the South 24 Parganas District Primary School Council (in short 'the said DPSC') terminated the services of the writ petitioners with effect from 15 February, 2017. The legality and validity of the impugned Memo falls for determination in these writ applications.
(2.) The writ petitioners participated in the selection process initiated in 2006 for recruitment of Primary School Teachers, as Exempted Category candidates. The writ petitioners in WP 4596 (W) of 2017 and in WP 4798 (W) of 2017 were appointed as Primary Teachers in February, 2010 and the writ petitioners in WP 4598 (W) of 2017 were appointed as Primary Teachers in April and August, 2012.
(3.) It appears that in 2011 a writ petition was filed by some other candidates claiming that they had obtained more marks in the written test held on 20 December, 2009 than the last empanelled candidate who was given appointment. The said writ petition being WP 8852 (W) of 2011 was disposed of by Ashok Kumar Dasadhikari, J. (as His Lordship then was) by an order dated 19 January, 2015 by directing the Chairman of the said DPSC to consider the matter upon giving an opportunity of hearing to the petitioners therein within six weeks from the date of communication of the said order by passing a reasoned order which was to be communicated to the said petitioners within two weeks from the date of such reasoned order.;


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