SAMAPTI CHATTERJEE,J. - (1.) Petitioner has filed the present writ petition assailing the impugned order dated 17th August, 2017 issued by the Commissioner of School Education, West Bengal thereby rejecting the petitioner's prayer for giving appointment, inter alia on the following grounds. "By this time in terms of the different orders of the Hon'ble High Court, Calcutta, the Secretary to the Government of West Bengal, School Education Department has passed on reasoned order fide No. 2451-SE(Law) dated 14.12.2010 in connection with the recruitment process of Primary School Teachers, 2006 and 2009 where under at para 10 of the said order dated 14.12.2010 it has been cleared that "As the medium of instruction(language) is very important for importing lesson to the students especially at the Elementary Level, the candidate seeking appointment to the post of Primary School Teacher must have studied and passed in the specific language as a first or second language in the Madhyamik equivalent Level Examination for which medium of instruction, the candidate sought appointment to the post of primary school teacher. The Director of School Education, West Bengal (now Commissioner of School Education, West Bengal) shall also ascertain the matter carefully".
(2.) Mr. Chowdhury, learned Advocate appearing for the petitioner submits that the petitioner appeared in the examination in the year 2010 for the post of Assistant Teacher in Santhali medium arising out of the West Bengal Primary Teachers' Rules, 2001 by the amended date 28th May, 2009 and 27th July, 2009. Since the petitioner's candidature was not considered though the petitioner obtained 19.73 marks, therefore, the petitioner along with other candidates approached before this Hon'ble Court for giving appointment to the post of Primary Teacher (general category) Santhali/Alchiki medium.
(3.) Mr. Chowdhury further submits that since by mistake initially the petitioner's name was mentioned in the earlier panel by the District Primary School Council, Birbhum, therefore, subsequent rectified panel was sent by the District Primary School Council thereby including the petitioner's name who is admittedly possessing highest marks that is to say 19.73. Mr. Chowdhury again submits that the grounds, which have been taken in the rejection order that, cannot be sustained. Mr. Chowdhury further emphasises that the petitioner's candidature cannot be considered under Memo No. 2451-SE(Law) dated 14.12.2010.;