NEMAI CHANDRA MOLLICK Vs. STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2009-9-113
HIGH COURT OF CALCUTTA
Decided on September 08,2009

Nemai Chandra Mollick Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

- (1.) This appeal has been preferred assailing the order dated 13th March, 2008 passed by a learned Judge of this Court whereby and whereunder the said learned Judge dismissed the writ petition upon observing only as hereunder; Perused the order impugned appearing at page 44 of the writ petition. In my view, the order impugned is reasoned and does not call for any interference. Therefore, the writ petition is dismissed.
(2.) There is no dispute that the writ petition was filed by the appellant herein being dissatisfied with the order passed by the District Project Officer on 2nd January, 2008. The said order dated 2nd January, 2008 passed by the District Project Officer is set out hereunder; "To Sri Nemai Chandra Mollick, Balgona Station Road, P. O.-Nityanandapur, Dist. Bardhaman. Sub: Writ Petition No.20393 of 2007 Ref: Nemai Chandra Mollick versus State of West Bengal & Ors. Reply to his letter dated 11.09.2007. In reference to the above and in compliance with the order of the Hon'ble High Court, Kolkata passed by His Lordship the Hon'ble Mr. Justice Biswanath Samaddar on 16.10.07 he is to inform that as per guideline issued Vide Memo.No.523(996)/SSA/IV-30B dated 01.07.04/02.07.04 there is no provision of allowing full 5 marks for B.Ed. Only it is provided in the said GO that marks will be allowed on the basis of academic qualification after computation of marks secured in each examination. The school authority was permitted to engage Para Teacher vide this Memo No.268(250)/SSM/IV-30-B dated 12.3.07 where it was directed to observe guideline issued vide memo.No.523(996)/SSA/IV-30B dated 01.07.04/02.07.04 even there is no mention of guideline 655(804)/SSA/IV-30-B dated 29.7.04. Therefore, the question of observing 655(804)/SSA/IV-30-B dated 29.7.04 does not arise at all. This is for your information. Sd/- Illegible 2.1.2008 District Project Officer Sarva Shiksha Mission Bardhaman."
(3.) In the aforesaid order, the District Project Officer held that there is no provision of allowing full 5 marks for B.Ed. Decree and further held that there is no question of observing the circular being No.655(804)/SSA/IV-30-B dated 29th July, 2004. There is no dispute that the school authority was permitted to engage para teacher by memo No. 260(250)/SSM/IV-30B dated 12th March, 2007 issued by the District Project Officer, Burdwan. In the said memo, the school authority was directed to observe the guideline issued by the said District Project Officer under memo dated 1/2nd July, 2004.;


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