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2023 Supreme(Cal) 844

SOUMEN SEN, UDAY KUMAR
Biplab Thakur – Appellant
Versus
Parimal Mahato – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Ekramul Bari, Syed Mansur Ali, Imtiaj Uddin, Tanuja Basak.
For the Respondents: Sabyasachi Chatterjee, Badrul Karim, Imtiaz Akhter, Subhrajit Saha, Saikat Banerjee, Ratul Biswas, Kaushik Chowdhury, Sauvik Nandy, A. Chakraborty, Tapan Kr. Mukherjee, Avishek Prasad, Tapas Kr. Dey, Kiron Sk.

JUDGMENT :

SOUMEN SEN, J.

1. The appeal is arising out of an order dated 21st November, 2022 at the instance of the para teachers of primary schools.

2. They are aggrieved by the impugned order dated 21st November, 2022 in view of the direction upon the Education Department to take steps for filling up the vacancies of para teachers by reading down the Notification dated 23rd September, 2016 and in permitting the upper primary para teachers to participate in the selection process for the recruitment of para teachers of primary schools.

3. The appellants are aggrieved by the said order as it has affected their rights to participate in the selection process initiated pursuant to the Notification dated 23rd September, 2016. The said notification was issued in terms of Note 7 of Rule 6(3) of the West Bengal Primary School Teachers’ Recruitment Rules 2016, (hereinafter referred to as “Primary Teachers’ Recruitment Rules, 2016”) in which a direction was given by the Hon’ble Governor that during the “forthcoming” recruitment of teacher for primary schools, 10% of the existing vacant posts

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