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2009 Supreme(Cal) 305

ASHIM KUMAR BANERJEE, PRASENJIT MANDAL
West Bengal Central School Service Commission – Appellant
Versus
Tauhid Alam – Respondent


Advocates appeared:
Abdul Alim, Abhijit Basu, Abhijit Gangopadhyay, Amal Baran Chatterjee, Animesh Goswami, Bikash Ranjan Bhattacharyya, Habibur Rahaman, Jasojeet Mukherjee, Joydeep Kar, Juin Dutta Chakraborty, Kanak Kiran Bandyopadhyay, Rajib Pal, Saikat Banerji, Tapabrata Chakraborty, Tauhid Alam,

JUDGMENT

1. WEST Bengal School Service Commission published an advertisement on July 12, 2006 appearing at page 206 of the Paper book inviting application for the 7th Regional Level Selection Test (hereinafter referred to as "rlst") scheduled to be held on November 12, 2006 inter alia for the post of Urdu Teacher (Male Vacancy) in Bengali medium School for the Northern Region.

2. THE West Bengal School Service Commission (Selection of persons for Appointment to the Post of Teachers) Rules, 2006 came into force on June 6, 2006. Rule 5 of the said Rules of 2006 being relevant herein is quoted below :-

"5. Additional qualification of candidate-A candidate willing to be selected as a Teacher in any school, having Bengali or English or Hindi or Nepali or Telegu or Santhali or Urdu as the medium of instruction, must have Bengali or English or Hindi or Nepali or Telegu or Santhali or Urdu as first or second or third language:- (a) At secondary level of the Board or Board of Madrasah or equivalent; or (b) At higher secondary level of the Council or equivalent, or (c) At any subsequent higher level of education in that language paper. "

As per the said rule quoted (supra) a candidate willing

















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