J.K. Biswas, J. - (1.) The petitioner in this writ petition dated July 22, 2004 is seeking a mandamus commanding the respondents to approve her appointment to the post of head teacher in Biplabi Kshudiram Pally G.S.F.P. School, Kolkata - 700 054.
(2.) Her case is this. On March 5, 1998 her appointment as assistant teacher in the school was approved by the competent authority. On April 30, 2004 Purnima Lahiri, the head teacher of the school, retired. By a resolution dated April 15, 2004 the managing committee of the school had decided that after Purnima's retirement she would work as the teacher -in -charge. Accordingly, with effect from May 1, 2004 she started working as the teacher -in -charge of the school. Though she possessed the qualifications M.A., B.Ed., more than the requisite qualifications, and hence was entitled to be considered for the post of head teacher, the primary school council did not consider her case. Having worked as teacher -in -charge in the school and possessed qualifications higher than the requisite prescribed qualifications, she is entitled to be appointed as head teacher in a primary school.
(3.) The council has filed an opposition dated December 23, 2004 contending that having not possessed the prescribed training qualification; she was not eligible for the post, though she possessed a higher B.Ed. qualification.;