The central legal point established in the judgment is the entitlement of para-teachers to re-engagement and the exceptional circumstances for women under Clause (3) of article 15 of the Constitution.

Dipankar Datta, J.

1. These intra-court appeals call in question the judgment and order dated July 14, 2015 passed by a learned judge of this Court, whereby a writ petition [W.P. No.21903(W) of 2009] presented by Smt. Anima Karmakar (hereafter the writ petitioner) was disposed of with direction upon the respondents 5 and 6 i.e. the Secretary of Chuamashina High School (hereafter the school) and the Headmaster thereof respectively, “to carry out the order dated 20th November, 2009 passed by the District Project Officer, being Annexure- ‘P/6’ to the writ petition for further engagement of the petitioner for the post of para-teacher in the concerned school prospectively for her to serve as deemed to have been reengaged in pursuance of the said letter dated 20th November, 2009, her service to be thereby governed by the said Memo dated 22nd July, 2010”. It was further directed that the formalities must be completed by the respondents 5 and 6 within two weeks from the date of communication of such order and that for “the purposes of her remuneration, engagement will be taken to be from this date, i.e., 14th July, 2015”.

2. We have heard the appeals one after the other and hence propose to dispose of the same by this common judgment and order.

3. The pleaded case of the writ petitioner was this. Pursuant to a selection process conducted by the authorities of the school, the writ petitioner was selected, having figured at the first position of the panel, for engagement as a para-teacher in the school for teaching History. She was engaged on contractual basis, vide an agreement dated April 12, 2007 executed by and between the Secretary of the school and her, for a period of 1 (one) year at a consolidated pay of Rs.3,000/-. Having discharged the duty of para-teacher sincerely from April 12, 2007 till April 11, 2008, a commendation letter dated April 17, 2008 was issued in her favour by the Headmaster of the school; however, her period of service was not extended. Alleging that mala fide intention of some of the members of the managing committee of the school arising out of political considerations resulted in non-extension of her period of service, the writ petitioner had complained to the District Project Officer, Sarba Siksha Mission, Bankura, respondent no. 4 (hereafter the DPO) by her letter dated April 22, 2008. It was followed by another complaint lodged before the District Magistrate, Bankura, respondent no.2 (hereafter the DM) dated October 8, 2009 wherein she asserted her right to continue as para-teacher citing certain Government circulars. This complaint bore fruit, in that the DPO informed the Secretary of the school by a letter dated November 20, 2009 as follows:

“As directed by the District Magistrate, Bankura and the District Project Director, Sarva Siksha Mission, Bankura I am to request you once again to do the needful for further engagement of Smt. Anima Karmakar served as Para Teacher in History in your school within 15 (fifteen) days from the date of receipt of this letter forthwith with a copy to the undersigned. Again, I am sorry to let you know that any type of financial assistance may not be sanctioned in favour of the school as well as the post of Para Teacher may be withdrawn in case of non-compliance.

This may be given top priority.”

4. The Secretary defied the said order, necessitating invocation of the writ jurisdiction of this Court by the writ petitioner. In the writ petition dated December 10, 2009, she prayed for the following relief:

“A wit (sic writ) in the nature of Mandamus commanding the respondents, their agents to carry out the order passed by the District Project Officer, Bankura being annexure “P-6” to this petition for further engagement to the post of Para Teacher to the petitioner in the said school forth with and also in view of the order of the State Authorities, Government of West Bengal dated 22.06.2009 and also the letter of the Respondent No.4 dated 20.11.2009 in favour of the petiti