SAMAPTI CHATTERJEE,J. - (1.) The petitioner has filed the present writ petition assailing the impugned order dated 14th September, 2016 issued by the Chairman, Murshidabad District Primary School Council thereby communicating the petitioner that the Commissioner of School Education has been pleased to refuse the approval of the Council in favour of the petitioner for giving appointment on compassionate ground.
(2.) Mr. P.S. Deb Barman, learned advocate for the petitioner submits that the petitioner's father died in harness on 6th April, 2007 when he was working as primary teacher under Raghunathpur Asof Molla Primary School under Suti-I Circle, Murshidabad. On 17th March, 2009 the petitioner's mother made an application before the Chairman, Murshidabad District Primary School Council for giving appointment to the petitioner under died-in-harness category. Since nothing was done, therefore, the petitioner's mother moved a writ petition being W.P. 5957(W) of 2011 sometimes in 2011. That writ petition was disposed of on 24th July, 2014 by Hon'ble Justice Biswanath Somadder thereby directing the respondent authority to consider the petitioner's application for compassionate appointment once again and to take a fresh decision. Accordingly, the Chairman, Murshidabad District Primary School Council considered the petitioner's case and sent the proposal to the Commissioner of School Education, West Bengal on 26th November, 2014 for necessary approval for giving appointment to the petitioner on compassionate ground. Unfortunately, by the impugned order dated 14th September, 2016 vide memo no. 1380, the Chairman, Murshidabad District Primary School Council informed the petitioner's mother that the Commissioner of School Education, West Bengal rejected the claim of the petitioner for appointment on compassionate ground on the issue that the petitioner failed to obtain the requisite academic qualification within two years from the date of death of her father. Hence, the present writ petition.
(3.) Mr. Deb Barman, submits that the petitioner acquired the requisite qualification sometimes in January 2009 which is within the stipulated period as prescribed under the Rules. Mr. Deb Barman further emphasises that the Madhyamik Examination for the year 2008 was started on and from 10th January, 2009 and the last date of examination was 22nd January, 2009. Mr. Deb Barman further submits that since the last date of examination was 22nd January, 2009 which is very much within two years as prescribed by the Rule, therefore, the petitioner is entitled to get appointment on compassionate ground considering the facts that the petitioner acquired requisite qualification within the stipulated period.;