- (1.)The writ petitioner participated in a recruitment process initiated by the District Primary School Council, South 24 Parganas, for filling-up of posts of Assistant Primary Teachers on the strength of an order passed by this Court on 9th May, 2008, in an earlier writ petition, being W.P. No. 8836 (W) of 2008, which was Filed by the writ petitioner. By that order, a learned Single Bench of this Court disposed of the earlier writ petition permitting the petitioner and others to appear for an interview to be held on 11th May, 2008, or any other subsequent date or dates for the purpose of selection for appointment to the post in question, as prayed for in that writ petition, alongwith other sponsored candidates. The Court further observed that the case of the writ petitioner would be considered at par with other sponsored candidates for such selection.
(2.)Consequently, the District Primary School Council, South 24 Parganas, acted on the basis of the directions contained in the said order dated 9th May, 2008, and allowed the writ petitioner to participate in the recruitment process, which was held sometime in December, 2009. Upon competing in the recruitment process successfully, the writ petitioner was selected for appointment as an Assistant Teacher (Primary), in the district of South 24 Parganas, and an appointment letter signed by the Chairman of the Council, dated 16th February, 2010, was issued in his favour. In the said appointment letter, the petitioner was directed to join Barberia Free Primary School. However, when the petitioner, armed with the appointment letter given to him by the Chairman, District Primary School Council, South 24 Parganas, went to the said school to join service, he was restrained by the school authorities to do so. Later on, upon enquiry, he found out, that an administrative direction was given to the school authorities to restrain him from joining service in the said school. The writ petitioner, thereafter, on several occasions requested the authorities concerned, more specifically, the school authority and the Chairman of the District Primary School Council, South 24 Parganas, to allow him to join his post, but they did not take any action in that regard. The writ petitioner, thereafter, approached this Court by filing the instant writ petition and this matter now appears 'For Final Disposal', upon exchange of affidavits.
(3.)In the affidavit-in-opposition filed by the Chairman, District Primary School Council, South 24 Parganas, being the respondent No. 4, it has been specifically stated that the writ petitioner was not a candidate because his name was not sponsored by the Employment Exchange. The respondent No. 4, however, has acknowledged and admitted the earlier order of this Court dated 11th May, 2008, passed in W.P. No. 8836 (W) of 2008. At the same time, the respondent No. 4, has referred to Rule 8(1) of the West Bengal Primary School Teachers Recruitment Rules, 2001 and has stated that the constitutional validity of the said Rule had been challenged by the non-sponsored candidates and a Division Bench of this Court had upheld the constitutional validity of the said provision of law. In this context, the respondent No. 4, has referred to and relied upon the judgment and order passed by the Division Bench of this Court in the case of Tanmoy Ramaya Lahiri v. State of West Bengal & Ors.,2008 3 CLT 205 and another judgment and order rendered by a learned Single Bench of this Court on 17th December, 2009, wherein the same question with regard to the constitutional validity of Rule 8(1) was raised by the non-sponsored candidates, which the Court was pleased not to accept.