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1986 Supreme(Pat) 100

S.B.SANYAL
Akshay Kumar Sinha – Appellant
Versus
District Superintendent of Education Purnea – Respondent


Advocates appeared:
For the Petitioners: Messrs A. Bose. S.P. Gupta and Kaushal Kumar.
For the Respondents: Messrs Kamlapati Singh, Government Pleader No. 5 and Balmukund Prasad Sinha Junior Counsel to G.P. No.5.

Judgment

SATYA BRATA SANYAL, J.

1. The petitioners, who are matric trained from the institutions in the state of West Bengal are desirous of issuance of Mandamus commanding the respondents to consider their case or appointment to the post advertised on 14.5.1981 (Annexure-1).

2. FACTS : On 14.5.1981 an advertisement was issued (Annexure-l) for the post of ten teachers having qualifications B.Sc. ISc, B.A. I.A. and Matric or equivalent trained petitioner No. 1 passed his I.A. examination from L.N. Mithila University, Darbhanga, in the year 1976 and took training examination from Junior Basic Training Institute, Darjeeling in the year 1978-79 (Annexure-2/1). Petitioner No.2 similarly having passed I.A. from L.N. Mithila University in the year 1978 took training from Junior Basic Training Institute, Kalimpong (Annexure 2/2) whereas petitioners 3 to 5 passed their Matriculation examination from the Bihar School Examination Board and got training from junior basic Training Institute, Kalimpong (Annexures 2/3 to 2/5). The petitioner having conformed to the basic requirements for the interview applied to the posts advertised and they having been found qualified were called for interview. It






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