MITALI CHAKRABORTI (BHATTACHARYA) Vs. STATE OF WEST BENGAL
LAWS(CAL)-2009-3-114
HIGH COURT OF CALCUTTA
Decided on March 26,2009

Mitali Chakraborti (Bhattacharya) Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

Biswanath Somadder, J. - (1.) THIS writ petition has been filed pursuant to leave granted to the writ petitioner by an order passed by the Court on 3rd July, 2003 in W.P. 19441 (W)of 1999.
(2.) THE principal prayers in the instant writ application are as follows: (a) A Rule do issue out and under the Seal of this Honb'le Court asking the Respondents and each one of them to show cause as to why a writ in the nature of mandamus shall not be issued commending they thereby to recommend the name of the petitioner for appointment as an Assistant Teacher in Philosophy within the jurisdiction of School Service Commission (Southern Region) in any Schools by complying the regulation 9(3) of the regulation No. 1. (b) A Rule do issue out and under the Seal of this Hon'ble Court asking the Respondents and each one of them to show cause as to why a writ in the nature of certiorari shall not be issued commending them thereby to produce all relevant records including the panel of 1998 vacancy position of that particular period and thereby quashed the panel of the year 1998 and published a fresh panel according to the merit position of the panel and thereby pass an order directing the Respondents to recommend the name of the petitioner for appointment as an Assistant Teacher in Philosophy under following regulation 9(3). (c) A Rule in the nature of mandamus commending the Respondents to prepare the fresh panel for the year 1998 according to the merit position of the candidates without discriminating male and female and thereby recommend the name of the petitioner for appointment as an Assistant Teacher in Philosophy, according to the preference given by the petitioner under rule 9(3). At the interim stage, the writ petitioner had filed an application, being CAN 1594 of 2006, for amendment of the writ petition. By an order date 8th September, 2006, the Court granted leave to the learned advocate of record appearing on behalf of the petitioner to amend paragraph Nos. 1, 2 and 3 of the writ application inserting the word "stated" in lieu of the word "submitted" in the said paragraphs. In so far as incorporation of paragraph Nos. 2, 3 and 4 of the amendment application as paragraphs 28 (a), 28 (b) and 28 (c) to the writ application was concerned, the Court did not pass any order on that day, save and except directing listing of the writ application in the Monthly Combined List of cases for the month of November, 2006, along with the amendment application, being CAN 1594 of 2006.
(3.) BRIEFLY stated, the facts of the present case are as follows: The writ petitioner passed her M.A in Philosophy and B. Ed. and upon obtaining the requisite qualifications as per advertisement of the School Service Commission applied for selection test as an assistant teacher in Philosophy.;


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