Samapti Chatterjee, J. - (1.) Affidavit of service filed by the learned advocate for the petitioners in Court today be taken on record.
(2.) The petitioner has filed the present writ petition assailing the impugned rejection order dated 17th November, 2017 issued by the Commissioner of School Education, West Bengal, the respondent No. 2, on the following ground; "It has been noticed that Smt. Kalpana Mitra, Ex-Assistant Teacher of Madhabnagar Pry. School, Malda was declared as 'Unfit' by superintendent of Malda District Hospital vide No. 5881 (3) dated Malda 13-11-2009 (Sl. No. 06) but she was not declared permanently incapacitated by the Zonal Medical Board as per provision of the said recruitment rules. In view of this, the proposal for appointment of Primary Teacher in favour of Sri Suman Kanti Mitra son of Smt. Kalpana Mitra, A.T. of the said School was snot approved by this Directorate vide No. 972-Sc/P dated 10.10.2015. Therefore, proposal by Chairman, District Primary School Council, Malda for appointment of. Suman Kanti Mitra son of Smt. Kalpana Mitra to the post of Primary School Teacher cannot be approved and hereby rejected."
(3.) Mr. Chaturbedi, learned advocate appearing for the petitioner submits that long back the petitioner's mother, who was the Assistant Teacher of the concerned School applied before the School authority to declare her as permanent incapacitated to continue her service.;