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2023 Supreme(Cal) 483

RABINDRANATH SAMANTA
Md. Moynul Hoque – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Prosenjit Mukherjee, Adv. Mr. Arghya Kamal Das, Adv.
For the Respondent: Mr. Bibek Jyoti Basu, Adv., Mr. Uttam Kumar De, Adv., Ms. Ankita Mukherjee, Adv., Mr. Victor Dutta, Adv., Md. Sarwar Jahan, Adv., Ms. Mousumi Mitra, Adv., Mr. Asif Mehdi, Adv.

JUDGMENT :

Rabindranath Samanta, J.

1. Challenge in this writ petition is against a letter dated 16th May, 2019 issued by the Joint Secretary to the Government of West Bengal, Panchayats and Rural Development Department whereby the petitioner was directed to step down from the post of Samprasarak of a Madhyamik Shiksha Kendra.

2. The background facts which led to the filing of the writ petition may be summed up as under:

    The managing committee of Chandan Kuntha Madhyamik Shiksha Kendra by an advertisement published on 23.07.2007 invited applications from the eligible candidates to engage a Samprasarak in Life Science in the Shiksha Kendra. The petitioner and the private respondent namely Chandra Shekhar Mukherjee submitted applications for engagement as Samprasarak in Life Science. The Shiksha Kendra also published an advertisement for filling up a post of Samprasarak in History. However, since an eligible candidate has been selected and he has been discharging his duties, there is no dispute with regard to the engagement of the Samprasarak in history.

3. The managing committee of the Shiksha Kendra empanelled the private respondent Chandra Shekhar Mukherjee as the first candidate and

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