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IN THE HIGH COURT OF CALCUTTA
HARIAH TANDON, J.
Prativa Biswas (Halder) – Appellant
Vs.
State of West Bengal, through Secretary Department of School Education (P.E) – Respondent
W.P. No. 24433 (W) of 2010
Decided On: 03.07.2012
EXEMPTED CATEGORY CANDIDATES - PRIMARY TEACHERS' RECRUITMENT - WEST BENGAL PRIMARY TEACHERS' RECRUITMENT RULES, 2001 - RULE 9 - CANDIDATE OBTAINING HIGHER MARKS THAN LAST SUCCESSFUL CANDIDATE UNDER GENERAL SUB-CATEGORY OF EXEMPTED CATEGORY - ENTITLED TO BE CONSIDERED UNDER GENERAL SUB-CATEGORY.
Fact of the Case:
The petitioner, a candidate belonging to the Exempted Category (SC) under the West Bengal Primary Teachers' Recruitment Rules, 2001, challenged the decision of the District Primary School Council not to consider his candidature under the General Sub-Category of the Exempted Category despite obtaining higher marks than the last successful candidate under the said sub-category.
Finding of the Court:
The court held that the selection procedure adopted by the District Primary School Council was contrary to the statutory rules and that the petitioner should have been placed under the Exempted Category (General) instead of the Exempted Category (SC).
Issues: 1. Whether the candidature of a candidate sponsored under the Exempted Category as Scheduled Caste Sub-Category should be placed under the General Sub-Category of the said category if he obtained higher marks than the last successful candidate under the General Sub-Category of the Exempted Category? 2. Whether the petitioner was entitled to be considered under the General Sub-Category of the Exempted Category despite obtaining higher marks than the last successful candidate under the said sub-category?
Ratio Decidendi: The court relied on the West Bengal Primary Teachers' Recruitment Rules, 2001, particularly Rule 9, which provides for the selection procedure for primary teachers. The court held that the selection committee was required to prepare a panel of candidates under the General Category only with all General, Scheduled Castes, Scheduled Tribes, and Other Backward Classes candidates and to arrange the same according to their merit. The court further held that after filling up the total number of vacancies fixed under the General Category, the selection committee had to prepare a separate panel of each category from the candidate reserved category who secured a higher position in the panel prepared on merit.
Final Decision: The court directed the Chairman of the District Primary School Council to recommend the name of the petitioner to the Director of School Education, West Bengal, for necessary approval to the appointment of the petitioner. The Director of School Education, in turn, was directed to take a decision relating to the approval within two weeks from the date of receipt of such communication.
Hariah Tandon, J.
1. A short point involved in this writ petition, is whether the candidature, who is sponsored under the Exempted Category as Scheduled Caste Sub-Category, should be placed under the General Sub-Category of the said category if he obtained higher marks than the last successful candidate under the General Sub-Category of the Exempted Category. The concerned Employment Exchange was not treating the petitioner under the Sub-Category of Scheduled Caste of the Exempted Category which constrained the petitioner to move before this Court by filing a writ petition being W.P. No. 13255(W) of 2007 and the same was disposed of by directing the concerned Employment Exchange to sponsor the name of the petitioner under the Exempted Category (SC) to the concerned District Primary School-Council.
2. In compliance of the said order, the sponsorship was made under the said category and the petitioner was allowed to submit his bio-data and/or testimonial.
3. The name of the petitioner was not included in the panel of the successful candidates.
4. The petitioner prayed for an order of appointment in this writ petition. Initially the writ petition was founded on the allegation that the person who secured lesser marks than the petitioner and whose name was also sponsored under the Exempted Category, has been favoured with the appointment. But during the pendency of the writ petition, an information was received from the competent authority relating to the disclosure of the minimum cut-off marks in Exempted Category for Bengali medium School which is much lesser than the marks obtained by the petitioner. The said information, which was issued vide Memo No. 2308/RTIA dated 10.4.2012, is brought on record by way of supplementary affidavit.
5. The learned advocate, appearing for the Council, vehemently submits that the benchmark set for appointment under the Exempted Category for Bengali Medium School as disclosed in the said Memo is in respect of the Exempted Category (General) whereas the candidature of the petitioner is considered under the Exempted Category (SC) where the cut-off marks is much higher than the marks awarded to the petitioner.
6. The aforesaid submission, in my opinion, is not tenable. The District Primary School Council, being the creature of the statute, has to act and/or proceed within the precinct of the statute and cannot deviate and/or travel beyond it.
7. In exercise of the power conferred under section 106 and section 60 of the West Bengal Primary Education Act, 1973, the Government framed West Bengal Primary Teachers' Recruitment Rules, 2001.Thus, the said Rule partakes statutory character and operates with full rigour and force in the field of recruitment of a primary teacher by the respective District Primary School Councils.
8. The selection procedure is provided in Rule 9 thereof. It would be relevant to quote the said provisions which reads thus:
9. Selection Procedure.-- (1) After the names of candidates for the posts of teachers are obtained from the employment exchange all candidates shall be communicated in writing to produce testimonials/certificates for computation of their marks in the score sheets to be prepared for the purpose of such selection.
(2) Credit shall be given and computed in the following manner:
(a) there shall be 100 marks in total as full marks:
(b) Out of 100 marks, 90 marks shall be computed and allotted in the following manner.--
The remaining 10 (ten) marks shall be allotted for written test:
(c) The percentage of marks to the total full marks obtained by a candidate in School Final/Madhyamik Pariksha/Higher Secondary (XI class) shall be computed as percentage of 65 marks and to be recorded, in the score sheet.
(d) The percentage of marks to the total full marks obtained in Junior Basic Training certificate/Primary Teachers' Training Certificate Examination or equivalent shall be computed as percentage of 22 (twenty two) and recorded in the score sheet:
(e) Marks obtained in the writ
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