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2022 Supreme(Cal) 685
IN THE HIGH COURT OF CALCUTTA
Rajasekhar Mantha, J.
Anup Gupta - Appellant
Versus
State Of West Bengal And Others - Respondent
W.P.A. No. 21268 of 2021
Decided On : 06-06-2022
Mr. Firdous Samim, Ms. Gopa Biswas, for the Appellant; Mr. Bhaskar Prasaqd Vaisya, Mr. Suman Dey, for the Respondent.
An illegal appointment cannot confer any right on the appointee.
Headnote:
Appointment - Quashing of Illegal Appointment - The court quashed the appointment of Siddik Gazi as Assistant Teacher in Mathematics and restrained him from receiving salary due to the mistake in the appointment process. The court emphasized that an illegal appointment cannot confer any right on the appointee and directed the Board of Secondary Education to take immediate consequential steps.
Fact of the Case:
The appointment of Siddik Gazi as Assistant Teacher in Mathematics for Class IX & X under the State Level Selection Test, 2016 was found to be a mistake, and he was restrained from receiving salary and entering the school.
Finding of the Court:
The court quashed the appointment and directed the Board of Secondary Education to take immediate consequential steps. The issue of whether the appointment was obtained by fraud or malpractice was to be considered on the adjourned date.
Issues: The main issue was the quashing of the illegal appointment of Siddik Gazi as Assistant Teacher and the consequential steps to be taken by the Board of Secondary Education.
Ratio Decidendi: The court emphasized that an illegal appointment cannot confer any right on the appointee and ordered the quashing of the appointment. The issue of fraud or malpractice in obtaining the appointment was left for consideration on the adjourned date.
Final Decision: The appointment of Siddik Gazi as Assistant Teacher was quashed, and the Board of Secondary Education was directed to take immediate consequential steps. No arrears were to be paid to Siddik Gazi, and the matter was adjourned for further consideration.
ORDER
1. This Court has considered the report affirmed by Mr. Ashok Kumar Saha, Assistant Secretary, West Bengal Central School Service Commission. The Commission has admitted that appointment of Siddik Gazi, respondent no. 7 as Assistant Teacher in the subject of Mathematics in OBC for Class IX & X under the State Level Selection Test, 2016 has been a mistake.
2. The said Siddik Gazi has been restrained from receiving salary and entering the school by an order of Co-ordinate Bench on 2nd May, 2022.
3. Despite service of notice, the respondent no. 7 is not represented.
4. In that view of the matter, appointment of Siddik Gazi as Assistant Teacher by the Board of Secondary Education shall stand quashed and set aside. The Board shall take immediate consequential steps. An illegal appointment cannot confer any right on an appointee. As to whether the appointment has been obtained by fraud or other mal-practice and the steps to be taken to ascertain the same, shall be considered on the adjourned date.
5. No arrears whatsoever in any form shall be paid to the said Siddik Gazi.
6. Let this matter stand adjourned and be listed on 08.06.2022 for further consideration.
