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2007 Supreme(SC) 580

A.K.MATHUR, DALVEER BHANDARI
Nadia Distt. Primary School Council – Appellant
Versus
Sristidhar Biswas – Respondent


JUDGMENT

A.K. Mathur, J. — This appeal is directed against order dated 11th June, 2004 passed by the Division Bench of Calcutta High Court whereby the Division Bench affirmed the order of learned Single Judge directing that all the 55 writ petitioners be appointed as teachers within a period of six weeks. Aggrieved against this order, the Nadia District School Council filed an appeal before the Division Bench. The Division Bench affirmed the order of learned Single Judge by order dated 11th June, 2004 and hence the present appeal.

2. In order to dispose of this appeal, few facts may be recapitulated. A panel for appointment of primary teachers was prepared in 1980 for the District of Nadia in which 1965 candidates were included in the panel. Out of this panel, only 600 were trained candidates. Rule 3(d) of the Recruitment Rules provided that while preparing the panel for appointment to the post of primary teachers, preference shall be given to the trained candidates in such a manner that all additional posts sanctioned by the Government from time to time due to enhancement in roll strength in existing schools and at least 5- per cent of the normal vacancies in such schools are fill
































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