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1991 Supreme(Cal) 250

N.P.Singh, Tarun Chatterjee
District School Board Midnapore – Appellant
Versus
Paschimbanga Prathamik Sikshak Sikhan Pratap Bekar-O-Sikhak Samiti West Bengal – Respondent


Advocates Appeared:
A.D. Adhikari, A.K. Dinda, A.P. Chatterji, A.P. Sircar, Aloke Biswas, Amiya Chowdhury, Amiya Nath Basu, Anjan Chakraborty, Asoke Maity, B.C. Biswas, D.P. Mukherji, Hidyut Kiran Mukherjee, Malay Basu, N.L. Prodhan, P.K. Roy, P.N. Chatterji, Pinaki Mittra, R. Bhaduri, R.L. Moitra, S.B. Bhuniya, Saktinath Mukherjee, Sofiulla Mondal, Taimur Khan

Judgment

1. APPEALS have been filed on behalf of different District School Boards and District Primary School Councils for setting aside the judgment of a learned Judge allowing two writ applications filed on behalf of the applications seeking appointments as Assistant Teachers in different Primary Schools established, recognised and maintained by the District school Boards/district Primary School Councils.

2. A grievance had been made that the trained candidates having requisite qualifications were being ignored whereas untrained candidates were being empanelled and in due course were being appointed in different Primary schools in the State in contravention of Rules framed by the State government. . The learned Judge held that the appointment of untrained candidates as assistant teachers in different primary schools was unauthorised, and illegal. According to the learned Judge under the existing Rules, Orders and circulars framed and issued by the State Government only from time to time trained candidates have to be appointed against the vacancies occurring in different Primary Schools of the State. On that finding a direction has been given to the respondents not to give appointm































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