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2004 Supreme(Cal) 377

D.K.SETH, RAJENDRA NATH SINHA
NADIA DISTRICT PRIMARY SCHOOL COUNCIL – Appellant
Versus
SRISTIDHAR BISWAS – Respondent


Advocates Appeared:
Debi Prasad Pal, L.K.PAL, P.S.DEV BARMAN, RABILAL MAITRA

SETH, J.

( 1 ) A panel for appoint of primary teachers was prepared in 1980 for the District of Nadia in which 1965 candidates were included in the panel. Out of these candidates only 600 were trained candidates. Rule 3 (d)of the Recruitment Rules provides 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 50% of the normal vacancies in such schools are filled up by trained candidates only, if sufficient number of tranined candidates are available. By a notification dated 26th October, 1971 the government of West Bengal, Education Department, Primary Branch recognized the training as an additional qualification for appointment as assistant teacher. By another notification dated 5th September, 1973, it was provided that while giving appointment out of the panel already prepared, preference should be given to the trained candidates for appointment to all the additional posts and 50% of the normal vacancies irrespective of their position in the pan




































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