JUDGMENT :

Rabindranath Samanta, J.

1. Aggrieved by the inaction on the part of a school authority in not forwarding the panel of best eligible candidates for the post of a para teacher to the District Project Officer, the petitioner has preferred this writ petition.

2. It may be noted that during the pendency of the writ petition, the Project Director, Paschim Banga Rajya Samagra Shiksha Mission has been impleaded as respondent no. 12 by order dated 13th March, 2023.

3. The background facts which led to the filing of the writ petition may be summarised as under:

The petitioner Soma Bairagya (Chakraborty) passed Madhyamik Examination in the year 2002 obtaining first division. She passed Higher Secondary Examination in the year 2004 also by obtaining first division. Thereafter, she qualified B.A. (Hons. in Bengali) from the University of Kalyani in 2007. In response to an advertisement dated 4th February, 2009 made by the Managing Committee of Akabpur Junior High School, the respondent no. 9 herein, inviting application from the eligible candidates for filling up one post of para-teacher in Bengali in the school, the petitioner applied for the same on 5th February. 2009. After submission of the application, the petitioner came to know that the Secretary of Akabpur Junior High School desired to accommodate his brother for the post in his school. With such intention in mind, he disclosed at the locality that female candidates would not be selected for the aforesaid post. The petitioner states that at the time of the advertisement, the school authority did not disclose that only male candidates would be eligible for the post. Getting such information, the petitioner, by submitting an application to the District Project Officer, Sarva Siksha Mission, Burdwan, requested him to look into the matter so that appropriate selection was made in the school.

4. The school authority was sitting tight over selection of the para-teacher though considerable time passed since the eligible candidates applied for the post. The petitioner came to learn that 21 (twenty-one) candidates applied for the post of para-teacher and she was the best candidate having highest academic marks as per the Rules framed by Sarva Siksha Mission. She deserves to be selected for the post of para-teacher in Bengali in the school. While the school authority was maintaining silence over the selection of para-teacher, the petitioner submitted an application to the Block Development Officer, Srirampur, Purbasthali-I requesting him to take appropriate steps so that no illegality in selection of para-teacher in the school took place. She ventilated her grievances by writing a letter to the Secretary of a Bengali daily namely ‘SANGBAD’ which was published in the newspaper on 10th June, 2009. Thereafter, on 29th June, 2009, she submitted another representation to the Headmaster, Akabpur Junior High School intimating him that she came to know from the office of the District Project Officer that the school authority did not send the panel of best eligible candidates for the post even after expiry of five months since the submission of the applications. By the representation, she requested him to take appropriate steps so that the best eligible candidate was selected for the post.

5. By an another representation dated 30th June, 2009, the petitioner informed the Sub-Divisional Officer, Kalna that the Secretary of the Managing Committee of the school was trying to engage his younger brother as a para-teacher in the school though he did not obtain the highest marks. She knocked the doors of all concerned authorities to get redressal of her grievances, but all her efforts were in vain. Ultimately, the petitioner by issuing a notice dated 3rd July, 2009 through her Learned Advocate asked the school authorities to take appropriate steps so that the best candidate could be engaged as para-teacher in Bengali in the school, but to no effect.

6. The petitioner complains that the Secretary of the