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2011 Supreme(Cal) 130

JYOTIRMAY BHATTACHARYA
Managing Committee – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates appeared:
Ekramul Bari, S.M. Ali, Supriyo Bose, Soma Roy Chowdhury

JUDGMENT

1. ADMITTEDLY prior permission for recruitment to the post of Group D Staff in the up-graded Class X High Madrasah was accorded by the District Inspector of School (Secondary Education), Cooch Beher, vide WBBNEDN/S Memo No. 451 dated 18th April, 2006, permitting the School authority of Kadamtala High Madrasah to select a suitable candidate for the said post, in the manner prescribed in the said prior permission which is as follows: Qualification: Class VIII pass. As per 100-point roster, the post is reserved for S.C. candidates (1st post). It was indicated therein that the said recruitment must be made through the Employment Exchange and as per existing Government Order being G.O. No.1594-SE(S) dated 26th December, 2005 and G.O. No. 904-SE(S) dated 18th July, 2007.

2. IN spite of grant of such prior permission by the concerned District Inspector of School, the School Authority did not take any step to initiate selection process for filling up the said post from the Schedule Caste candidates. Subsequently, by another circular issued by the Government under MED Government of West Bengals Memo No.1465-MD/2007 dated 12th October, 2007 the reservation policy as per 100-point ro












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