- (1.) THIS appeal is directed against a judgment and order of the learned trial judge dated 26th February, 2009 whereby His Lordship has been pleased to allow the prayer of the writ petitioner.
(2.) THE short fact of the case is as follows:-The writ petitioner (respondent before us) approached this Court with a prayer for a writ of or in the nature of Mandamus commanding the Managing Committee of Talliguri High School, P. O. Barashalbari, district Coochbehar to allow her to join the post of Assistant Teacher in terms of the recommendation memo, in Annexure-P/1 after completion of the deputation period/b. Ed. course, I. e. after 15th May, 2009 and further direct the Regional School Service Commission to keep the recommendation made in Annexure-P/1 alive till the joining of her, without any hindrance of any concerned.
(3.) THE writ petitioner/respondent is an approved teacher of one school and while serving in that school, she has undergone for B. Ed. Training Course sponsored by the Government under the rules. In course of serving in that school, she applied to the Regional Service Commission for participating in a selection process for appointment as Assistant Teacher in some other school. She was successful in all respect and School Service Commission recommended her name to be appointed as an Assistant Teacher to the said school, namely, Talliguri High School, P. O. Barashalbari, District coochbehar and as per recommendation, the school authority issued letter of appointment. However, on receipt of appointment she informed that she was not in a position to join the school as she had been undergoing B. Ed. Training Course sponsored by the Government. Therefore, she requested to extend the time for joining. The school authority did not extend the time to join till completion of B. Ed. training period.;