Protik Prakash Banerjee, J. - (1.) This writ petition has been instituted inter alia for a direction on the respondent authorities to allow the writ petitioner to join his duties as a Para Teacher in the school where he was engaged, with consequential benefits.
(2.) An advertisement was issued on August 6, 2004 for posts of additional para-teachers by the District Project Officer, Sarva Siksha Mission, Howrah. For primary schools, the minimum, essential educational qualification advertised for eligibility was "Madhyamik Passed" which means, passed the secondary level examination conducted by the West Bengal Board of Secondary Education. For Secondary schools, the minimum, essential educational qualification was "graduate, preferably B.Ed". No stream - Arts/Humanities, Science or Commerce - was mentioned for the educational qualification. Presumably, this was because of the intention of the powers-that-be, that if children in primary school were to be taught, any person who had passed the secondary examination was qualified, and for children in secondary schools, any person who had a graduate degree, and had done a teachers' training course, would be adequate. At least they could teach children any subject at those levels.
(3.) Pursuant thereto, a due process of selection including interview, was held. The selection committee for recruitment of para teacher for the purposes of teaching in upper primary schools such as in the present case, comprised the Headmaster/ Headmistress of the concerned school, a representative of the District Inspector of Schools (SE), the Secretary of the School Managing Committee, the President of the VEC/WEC concerned or his/her representative and an expert nominated by the school managing committee. They all duly approved a panel including four candidates. The fourth candidate was the petitioner. Admittedly, he held a Master's Degree in Arts (History) and had done his graduation (with Honours) also in Arts and therefore, naturally had passed the Madhyamik Examination. Admittedly, this was an approved panel. It has been admitted by the respondent no. 2, who is the villain of the piece, according to the writ petitioner. He admitted it through his memo no.1042 dated July 24, 2012. This memo was produced before me during the course of hearing by the school authorities. This is otherwise completely against the interests of the writ petitioner, so I have all the more reason to give credence to this admission. Apparently the first empaneled candidate was appointed to the post of parateacher on February 27, 2006 but resigned from the post on October 5, 2007. After his resignation, the second and third empaneled candidates were offered the post, but they expressed in writing their unwillingness to join the post. Thereafter, the school authorities - through their Managing Committee - appointed the writ petitioner to the said post by a letter of engagement dated November 20, 2007. It is the admitted case of the parties that the writ petitioner was appointed as an Additional Para Teacher to teach children of the upper primary section of the school. I would have thought he was overqualified for it and had the minimum essential qualification to be so engaged and so teach such students.;