SUBRATA TALUKDAR, J. - (1.) Arguing for the petitioners, Mr. Kar, Learned Senior Counsel with Mr. Bari, learned Counsel submits that the petitioners are all trained Primary School Teachers who have obtained their certificates from Training Institutes recognised by the State Government. The petitioners have been all appointed to their respective courses under the Paschim Medinipur District Primary School Council (for short the Council).
(2.) It is submitted that by an order dated 24th January, 2019 in Civil Appeal No. 1071of 2019 along with other analogous Civil Appeals, In Re: Anima Khatun & Ors. vs. Birbhum District Primary School Council & Ors., the Hon'ble Apex Court clearly issued the following directions:- "(1) The primary teachers who obtained their certificates from the institutes recognised by the State Government, will also be entitled to the weightage under Rule 9(2)(d) of the Recruitment Rules, 2001 so long as they have filed the legal proceedings in the High Court on or before 31st December, 2010. This would include such of the parties who are the original petitioners or interventionists in their individual names so long as the petitioners or the applications for intervention have been filed on or before 31st December, 2010. We make it clear that this relief will be available to only such persons and no others. (2) On the basis of the aforesaid additional marks, the selection process undertaken in the year 2009-10 in pursuance to what was begun in the year 2006, will be revisited and a panel for appointment of primary teachers will be again made. Such of the beneficiaries by this order which figure in the merit list keeping in mind the posts advertised and filled up would get the benefit of appointment with all benefits flowing prospectively only. (3) The aforesaid exercise will however not disturb the persons in any manner who have already been appointed and the preparation of the list is only to determine such of the beneficiaries who would have been benefited if the additional marks have been granted to them. (4) The entire exercise shall be completed and letters of appointment be issued within a maximum period of three months from today Order accordingly.
(3.) We clarify that if necessary supernumerary posts be created and adjusted against the future vacancies by the respondents. At the request of learned counsel appearing for the petitioners, it is clarified that needless to say that eligibility would be determined as on the date when the original selection was made. Subject to the aforesaid directions, these appeals are disposed of." Mr. Kar points out that the present petitioners first approached this Hon'ble Court by way of a writ petition in 2003, being W.P. 13867(W) of 2003. The said writ petition of 2003 was decided by an order dated 24th September, 2003. The order dated 24th September, 2003 was taken to its logical conclusion by the Director of School Education vide his Memo dated 6th July, 2006 which, inter alia, held that the Training Certificates of the petitioners obtained from the particular Haldia Vidyasagar Teachers Training College, District Purba Medinipur be accepted. ;