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High Court Of Calcutta
S. B. SINHA
BIPAD TARAN PATRA - Appellant
Versus
STATE OF WEST BENGAL - Respondent
Matter 1318 Of 1994
Decided On : 08/05/1994
EDUCATION - APPOINTMENT OF ASSISTANT TEACHER - ELIGIBILITY - SPONSORSHIP BY EMPLOYMENT EXCHANGE - RULES - INTERPRETATION - APPLICABILITY - COURT'S JURISDICTION - STATUTORY AUTHORITY - POWERS AND DUTIES - ULTRA VIRES ACTIONS - JUDICIAL REVIEW.
Fact of the Case:
The petitioner, a post-graduate in English, challenged the decision of the School authorities not to call him for an interview for the post of Assistant Teacher, despite his name being sponsored by the local Employment Exchange. The School authorities contended that the petitioner was not eligible for the post as the prescribed qualification was Graduate or Honours Graduate, and that the Employment Exchange had erred in sponsoring his name.
Finding of the Court:
The Court held that the petitioner was not entitled to appear for the interview as the Employment Exchange could not have sponsored his name. The Court found that the School authorities were bound by the statutory rules, which required them to approach the local Employment Exchange for sponsoring candidates up to Honours Graduate level and the National Employment Exchange for Post-Graduate candidates. The Court also held that the School authorities could not have asked the Employment Exchange to sponsor candidates having higher qualifications.
Issues: 1. Whether the petitioner was entitled to appear for the interview for the post of Assistant Teacher despite not meeting the prescribed qualification? 2. Whether the Employment Exchange could sponsor the petitioner's name for the post, despite the prescribed qualification being Graduate or Honours Graduate?
Ratio Decidendi: 1. The Court held that the petitioner was not entitled to appear for the interview as the Employment Exchange could not have sponsored his name. The Court found that the School authorities were bound by the statutory rules, which required them to approach the local Employment Exchange for sponsoring candidates up to Honours Graduate level and the National Employment Exchange for Post-Graduate candidates. 2. The Court held that the Employment Exchange could not sponsor the petitioner's name for the post, despite the prescribed qualification being Graduate or Honours Graduate. The Court found that the Employment Exchange had erred in sponsoring the petitioner's name, and that the School authorities were justified in not calling him for an interview.
Final Decision: The Court dismissed the petitioner's application and held that there was no merit in the contempt matter. The Court directed all parties to act on a signed xerox copy of the judgment on the usual undertaking.
( 1 ) THE Court : The writ application and the contempt matter are taken up together and are being disposed of by this common judgment.
( 2 ) THE petitioner has filed the writ application, inter alia, praying for issuance of a writ of or in the nature of Mandamus directing the respondents to issue letter of interview as per list sent by the Employment Exchange in terms of memo dated 5. 10. 93 and for further direction upon the respondents not to change and/or cancel the list sent by the Employment Exchange.
( 3 ) THE petitioner is said to be an MA. in English. Pursuant to an advertisement issued for filling up a vacancy for the post of Assistant Teacher in Dumurtore Bagbadini High School, Bankura (hereinafter referred to as School), the name of the petitioner who got his name registered in the Employment Exchange, was sponsored in terms of the aforementioned memo. According to the petitioner, the School Authorities despite the same have not called him for an interview. Affidavit-in-opposition has been filed on behalf of the Secretary of the said School, being respondent No. 4. In the said affidavit it has been stated that the prescribed qualification for appointment was B. A. (Hons.)/ma. in English preferably B. T. /b. Ed. /p. G. B. T. The Employment Officer-in-Charge, District Employment Exchange sent the names of several persons wherein the name of the petitioner appears at serial No. 18 with the qualification BSc. , M. A. in English and B. Ed. The petitioner was the only candidate having a Post-Graduate degree. It has been contended that according to the new recruitment rules the time of a post graduate candidate can be sponsored only by the National Employment Exchange and in this view of the matter as the petitioner was not eligible for appointment no interview letter was sent to him.
( 4 ) MR. Chakraborty, learned Counsel appearing on behalf of the petitioner, inter alia, submitted that keeping in view of the fact that the petitioner was eligible and his name has been sponsored by the local Employment Exchange, the same could not have been cancelled or withdrawn nor the School Authorities can refuse to allow the petitioner to appear at the interview. The learned Counsel further submitted that in any event the School Authorities were bound to comply with the, interim order passed by this Court whereby and whereunder the petitioner was allowed to appear at the interview and non-compliance thereof amounts to gross contempt of this Court.
( 5 ) MR. Banerjee appearing on behalf of the respondents, on the other hand, submitted that in terms of the Recruitment Rules framed by the Government of West Bengal which has come into force with effect from 200 May, 1993 as the petitioner was not qualified to appear at the interview, no prejudice has been caused to him.
( 6 ) THE question which falls for consideration in the writ application, therefore, is as to whether the petitioner was entitled to appear at the interview.
( 7 ) IT is not in dispute that the petitioner is a holder of postgraduate degree whereas the qualification required for the purpose of appointment of Assistant Teacher was Graduate or Honours Graduate. The Director of School Education framed appointment rules is exercise of the power conferred upon him by clauses (i) and (ii) of Sub Rule (1) and by clause (1) of Sub Rule (4) of Rule 28 of the Rules for Management of Recognised non-Government Institutions (Aided and Unaided), 1969, Education Department's notification No. 1598-Edn (S) dt. 15. 7. 69 as amended from time to time. The said order cancels all other previous order; of the directorate is respect of procedures for recruitment of teaching and non-teaching staff of non-Government Secondary Schools. Rule 4 (a) and Rule 6 (k) read as follows :"rule 4 (a ). On receipt of the prior permission, the school authorities shall approach the local Employment Exchange for sponsoring the names of the candidates up to Honours Graduate level and National
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