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1995 Supreme(SC) 1274

M.K.MUKHERJEE, S.C.AGRAWAL
Paschimbanga Prathamik Sikshak Sikshan Prapts Bakar O Sikshak Samiti – Appellant
Versus
President, W. B. Primary School Council – Respondent


Advocates:
A.K.DASH, A.K.GANGULY, ASHOK BANERJEE, ASHOK K.SEN, AVIJIT BHATTACHERJI, B.B.DAS, H.K.PURI, H.P.SHARMA, K.J.JOHN, L.C.AGRAWAL, N.N.Gupta, N.R.CHAUDHARY, NANDALAL PRADHAN, RAJ GUPTA, Rajesh Agarwal, S.B.SANYAL, S.P.LENKA, SATISH CHANDRA AGRAWAL, SHANKAR GOPAL PAGIRE, SOM NATH MUKHERJI, T.C.ROY, Tapas Chandra Roy

JUDGMENT

M.K. MUKHERJEE, J.

(1) THE application is allowed. The applicant-Respondent 5 be transposed as Petitioner 6. Office will amend the cause title of the petition accordingly.

(2) SPECIAL leave granted.

(3) THESE appeals are directed against the common judgment and order dated 30/3/1994 rendered by the Calcutta High court disposing of a number of letters patent appeals and writ petitions. Facts relevant for disposal of the appeals are as under.

(4) IN 1983 two writ petitions were filed in the High court by the appellants herein on behalf of and at the instance of a large number of applicants seeking appointments as Assistant Teachers in different primary schools of West Bengal, being run and managed by District Primary School Boards/Councils within their respective territories. They contended that though they had the requisite educational qualifications and basic trainings for such appointments the Boards/Councils were preparing panels and giving appointments to untrained applicants and persons of their own choice in utter disregard of the rules framed and circulars issued in that behalf. A learned Single Judge of the High court allow





















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