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1996 Supreme(Cal) 303
HIGH COURT OF CALCUTTA
Shyamal Kumar Sen, J.
Smt. Gouri Bose
Versus
The State of West Bengal and Ors.
C.O. No. 13537 (W) of 1991
Decided On : July 30, 1996
Advocate Appeared:
Bikash Ranjan Bhattacharyya, Bidyut Baran Biswas for the petitioner;
Santi Ranjan Biswas for the respondents.
Teachers who have been working for years together with the requisite qualification must be regularized.
Headnote:
Regularization of Service - Assistant Teacher - Jnanendra Shikshaniketan School - Petitioner appointed as Assistant Teacher in 1986 - Petitioner obtained B.Ed. qualification in Work Education in 1991 - Petitioner claimed absorption as Assistant Teacher in Work Education Group - School authority contended that petitioner did not apply for the post of Assistant Teacher and did not appear before the Selection Committee.
Fact of the Case:
Petitioner was appointed as an Assistant Teacher in Jnanendra Shikshaniketan School in 1986. In 1991, she obtained B.Ed. qualification in Work Education. The petitioner claimed absorption as an Assistant Teacher in the Work Education Group. The school authority contended that the petitioner did not apply for the post of Assistant Teacher and did not appear before the Selection Committee.
Finding of the Court:
The court noted that the petitioner had worked for long years and had acquired vast experience. The court also noted that the District Inspector of Schools had directed the school authority to comply with the order passed by the trial judge, which directed the school authority to regularize the petitioner's service.
Issues: Whether the petitioner was entitled to be regularized as an Assistant Teacher in the Work Education Group.
Ratio Decidendi: The court held that the petitioner was entitled to be regularized as an Assistant Teacher in the Work Education Group. The court relied on the following principles: 1. The Supreme Court has held that teachers who have been working for years together with the requisite qualification must be regularized. 2. The State has an obligation to secure the right to education to citizens and to ensure that ad-hocism in the appointment of teachers must be done away with. 3. Teachers working in recognized schools should be regularized. 4. The State has full knowledge of the working of teachers for years together in various recognized and aided institutions and has acquiesced with their continuance. Accordingly, the State is estopped from taking any decision save and except the regularization of teachers/employees.
Final Decision: The court directed the school authority to send the recommendation for the petitioner's approval within two weeks from the date of communication of the order. The court also directed the concerned authorities to take steps for the petitioner's approval of appointment and/or regularization and absorption in accordance with law within 30th November, 1996.
Shyamal Kumar Sen, J.
The facts involved in this writ petition inter alia are that the petitioner is an M.A. in History of the University of Calcutta and is a B. Ed. with Work Education of the University of Jadavpore. She was appointed as an Assistant Teacher of Jnanendra Shikshaniketan of 44/H/30, Debendra Chandra Dey Road, Calcutta - 15 (hereinafter referred to as the said school) by valid appointment letter dated March 1, 1986 issued by the Secretary and the Headmaster of the said school. She joined the said school on 3rd March, 1986 and is functioning as such till today without any break. The said school is a Junior High School for Boys. A xerox copy of the said appointment letter dated March 1, 1986 has been annexed to the writ petition and marked with the letter 'A'.
2. Smt. Sibani Roy Chowdhury and Smt. Sabita Dey both Graduates, are working in the said school since 2nd January, 1986. On 19th March, 1986 an approved Assistant Teacher of the said school namely Jiban Bhattacharyya died and as a result the post of said Jiban Bhattacharyya fell vacant. The Managing Committee of the said school asked for prior permission of the District Inspector of Schools (SE), Calcutta for appointment of an Assistant Teacher in the said vacant post and pursuant to that, the respondent No.4 granted permission to the school authority to recruit a qualified teacher in the language group preferably trained in the language group by Memo No. 489/M dated 17.4.86.
3. In terms of the said Memo being annexure 'B' to the instant application, an advertisement was published in a newspaper for appointment of an Assistant Teacher in the language group.
4. It is stated that at that point of time since the petitioner was only a B.Sc (Pure), she could not apply for the said post whereas the said two teachers namely Sibani Roy Chowdhury and Sabita Dey applied for the said post being graduates in arts.
5. It has been alleged that the Headmaster of the said school in collusion with the Selection Committee selected one Krishna Bose for the said post who was close to the then Headmaster. The said Krishna Bose was overaged at that point of time. The said Smt. Sabita Dey was placed in the third position and the said Sibani Roy Chowdhury did not get any position in the said panel. The said panel was sent to the respondent No.4 for approval on 6th July, 1986.
6. The said Smt. Krishna Bose was appointed as an Assistant Teacher of the said school without any approval on the ground of shortage of teacher and she joined in her post on 9th September, 1986 and performed her functions as such till 2nd July, 1987 whereas there was no shortage of teacher since the petitioner and said Smt. Sabita Dey were functioning in the said school. The respondent No.4 by Memo No. 287/M dated 22.2.88 intimated that the appointment of said Smt. Krishna Bose had not been approved inasmuch as she was over-aged and the interview letter was sent under certificate of posting which was beyond Rules.
7. Thereafter the School authority asked the petitioner to improve her qualification and to obtain B. Ed. qualification at an early date. According to the advice of the school authority she completed special B.A. in History in the year 1987. In the meantime one Assistant Teacher of the said school namely Sri Ashok Kumar Sam went on leave for studying B. Ed. and the petitioner while functioning as such, was appointed in place and stead of Sri Ashok Kumar Sam in deputation vacancy which was approved by the respondent No.4 by his Memo No. 64/M dated 11.1.88.
8. The then Headmaster of the said school was asked to prepare a fresh panel which was cancelled by the respondent No.4. The Headmaster of the said school did not prepare a fresh panel on the ground that the cancelled panel was under consideration.
9. In the meantime the petitioner obtained M.A. degree in History from the Calcutta University in the year 1988 with 2nd Class.
10. In the month of February, 1990 some anomalies arose regarding the payme
