JUDGEMENT
A.Lala, J. -
(1.) This matter was placed under the heading "application" since an application for early hearing being CAN No. 392 of 1999 was made along with main writ petition.
(2.) As and when the matter was called on, the petitioner, State and School authorities were appeared before this Court and made their respective submissions.
(3.) Upon hearing the submission I have passed the following order on 20th April 1999:
"An application was made being CAN 392/99 for early hearing of the main writ petition. It appears at the time of hearing of the application in presence of all the parties that there is a palpable mistake on the part of the District Inspector of Schools (SE), Purulia, respondent no.3 herein, in refusing the recognition of the selection of the petitioner in the post of Headmaster in the memo no. 307(3) dated 28.2.97. The inference of the authority derived from G.O. No. 577-Edn(s) dated 2.5.88 which postulates the exclusion of right B.Ed. candidate since such qualification is considered as recokned one for calculation of marks for selection of Headmaster/Assistant Headmaster which was earlier equivalent by 869-Edn (CS) ST-3/72/73 dated 11.6.74 issued by Education Department. It appears that the said authority earlier approved his appointment. The real crux of the case lies on a certificate issued by the University of Burdwan dated 8.10.75, which speaks that the incumbent obtained a decree of Bachelor of Education from a recognised University i.e., the University of Burdwan. Therefore, palpable mistake is proved.
Therefore, the impugned order as in annexure "D" to the petition stands set aside.
The writ petition is disposed of by directing the authority to approve the appointment of the petitioner within a period of four weeks from the date of communication of the order.
The writ petition is thus disposed of alongwith the application. There will be no order as to costs.
If an urgent Xerox certified copy of the order is applied for, the same be
Supplied to the applicant within seven days from the date of putting in the requisites.";
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