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2000 Supreme(Cal) 509

Ashok Kumar Mathur, Barin Ghosh
Malda District Primary School Council – Appellant
Versus
Md. Faridur Rahaman – Respondent


Advocates:
Advocate Appeared:
Shaktinath Mukherjee, D.P. Mukherjee, B. Chowdhury, B.R. Bhattacharjee, Santi Das, Asoke De, P.S. Bhattacherjee for the appellants;
Bidyut Baran Biswas for the respondents.

JUDGMENT

1. Common question on fact and law have a risen in these appeals and accordingly we desire to dispose of the same by this common judgment and order.

2. A number of writ petitions were filed wherein it was contended that though the writ petitioners are qualified and eligible to offer themselves as candidates for the posts of primary teachers, they have not been sponsored by the concerned Employment Exchanges, upon the appellants having approached such Employment Exchanges to sponsor candidates to fill up vacant posts of primary teachers. The writ petitioners contended that after the judgment of the Hon'ble Supreme Court in the case of Excise Superintendent vs. K.B.N. Visweshwara Rao, reported in 1996 (6) SCC 216 was delivered, in the light of the said judgment by a notification dated 18th May, 1998 the Government of India directed in addition to. notifying the vacancies for the relevant categories (excluding those filled through the Union Public Service Commission/the Staff Selection Commission) to the Employment Exchange, the requisitioning authority/establishment may keeping in view administrative/budgetary constraints arrange for the publication of the recruitment notice






















































































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