SAMAPTI CHATTERJEE, J. - (1.) The petitioner has filed the present writ petition assailing the impugned order dated 16.05.2018 passed by the Commissioner of School Education, West Bengal thereby rejecting the petitioner's prayer for appointment as an Assistant Teacher to any primary school under District - Burdwan.
(2.) I have gone through the file and it has been revealed by the relevant documents that: 1. The service of the father of the petitioner as a servant of Bani Niketan, a pre basic School, P.O. Parbatpur, Burdwan was approved by the Director of Public Instruction vide his memo no.4647-SC dated 31/08/1974. Later he was transferred to the office of the Sub-Inspector of Schools, Jamalpur Circle, Burdwan. He died on 26-05-2004 while he was in service. He survived by his wife, two married daughters and one son, the petitioner herein. 2. The prayer of the petitioner for his appointment on compassionate ground under died-in-harness category was rejected by the Commissioner of School Education, West Bengal vide memo no.784-SC/P dated 29-05-2017 on the ground that Sri Bikash Mudi, the petitioner herein made application beyond 2 years from the date of death of his father and the family of the deceased teacher was financially distressed at the material point of time in terms of the G.O. No. 57-SE (Pry) dated 15/01/2002. 3. Challenging the said memo, the petitioner herein has filed this instant writ petition being W.P. 27388(W) of 2017 praying for necessary approval to his appointment on compassionate ground under died-in-harness category. The said writ petition was disposed of by an order dated 27-11-2017 passed by the Hon'ble Justice Samapti Chatterjee with the direction upon the Commissioner of School Education, West Bengal to revisit the issue and take a decision in accordance with law after giving an opportunity of hearing to the petitioner or his authorised representative. The memo No. 784-Sc/P dated 29/05/2017 was quashed and set aside by the Hon'ble Court. 4. A hearing was held on 28-02-2018 accordingly. The petitioner, Ld. Advocate representing the petitioner, the Chairman, District Primary School Council, Burdwan and the District Inspector of Schools (PE), Burdwan was present at the time of hearing. 5. The date of birth of the petitioner is 21-06-1984. He passed Madyamik Pariksha (Secondary Education) in the year 2001.
(3.) Heard the parties, Considering the submissions made by the parties and the available documents, the matter is revisited and it appears from the records that the petitioner herein is eligible as per NCTE guidelines for appointment as assistant teacher in a primary school. As the petitioner has requisite qualification for appointment to the post of primary school teacher, the concerned Chairman, DPSC, Burdwan, the concerned District Inspector of Schools (PE) Burdwan and the concerned District Inspector of Schoos (SE), Burdwan are directed to act in terms of the G.O,. No.559/ES/E dated 06-07-2015 of the School Education Department as the Commissioner of School Education, W.B. is competent to dispose of died-in-harness cases other than those to appointment as a primary school teacher.;