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TAPABRATA CHAKRABORTY
Nihar Biswas – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Tapabrata Chakraborty, J. - The dispute involved in the present writ petitions, pertains to appointment to the post of primary school teachers in the districts of North 24 Parganas and Malda. The petitioners in W.P. No. 15128 of 2017 (in short, WP-I) and W.P No. 1686 of 2017 (in short, WP-II), participated in the recruitment process of 2009 conducted by the North 24 Parganas, District Primary School Council (in short, DPSC) in terms of the West Bengal Primary School Teachers Recruitment Rules, 2001 (in short, the 2001 Rules). The petitioners in W.P. No. 21997 of 2017 (in short, WPIII) and W.P No. 21533 of 2017 (in short, WP-IV), participated in the same recruitment process conducted by the Malda, DPSC. As identical legal and factual issues are involved in all the writ petitions, the same are taken up for hearing together.
2. Shorn of unnecessary details the facts are that in the year 2009, a recruitment process was initiated for filling up the posts of teacher in primary schools under several DPSCs across the State guided by the 2001 Rules. The petitioners applied for participation and as they fulfilled the eligibility criteria under the 2001 Rules, they were allowed to app
The main legal point established in the judgment is the right of the petitioners to be considered for appointment, the obligation of the employer to publish the panels, and the impact of pending cour....
The court established that recruitment processes must adhere strictly to applicable rules and directives, emphasizing the importance of lawful procedures in public employment.
Appointment – A Panel or a Merit List cannot be treated as if it exists in perpetuity, which will facilitate making appointments as and when required – Even when vacancies are notified and adequate n....
The court ruled that a writ petition remained maintainable for appointment relief despite claims of infructuous nature due to previous court orders and established criteria for appointment.
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