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TAPABRATA CHAKRABORTY
Champa Rani Paul – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
1. The present writ petition has been preferred challenging an order dated 27th February, 2019 passed by the respondent no.4.
2. Shorn of unnecessary details, the facts are that after passing the Pre-Board examination conducted by the Sambnagiya Purba Madhyamik Pariksha of Secondary Education in the year 1982, i.e. School Leaving Examination (VIII), the Class-IX Examination in the year 1983 from Kamala Nehru Ucchatara Madhyamik Examination in the year 1984, the petitioner passed the old Higher Secondary School Certificate Examination, 1985 (XI) conducted by Madhya Pradesh Board of Secondary Education (in short, the said M.P. Board). Thereafter, the petitioner obtained her B.Ed. degree, graduate degree and the post-graduate degree. In the midst thereof, upon emerging to be successful in a selection process, she got appointment to the post of para-teacher in Bio-Science in Nashipur High Madrasah (H.S) in the year 2005. Thereafter, the petitioner pursued the Bengali language course in West Bengal Rabindra Mukta Sansad (in short, the said Sansad) and completed the same in the year 2008. In the year 2014, West Bengal Madrasah Service Commission (in short, said commission) initi
The main legal point established in the judgment is that the petitioner's incorporation of marks in the application form was a bona fide mistake, and she had fulfilled the educational qualifications ....
The main legal point established in the judgment is that the qualifications required for appointment as a trained Teacher in Secondary School do not necessarily mandate a specific graduation subject,....
The selection process for the Principal position must strictly adhere to the guidelines established in the Office Memorandum, ensuring fair evaluation of candidates' qualifications.
Point of Law : If Section 6 of the General Clauses Act had been applied, no doubt, this complaint against the two accused for the offence punishable under R. 132A of the D.I.Rs. could have been insti....
The court emphasized the necessity of procedural fairness and the validity of educational qualifications when considering appointment cases.
Altering recruitment eligibility criteria after process commencement is impermissible; prior qualifications obtained disallow subsequent lower-level qualifications for appointment eligibility.
Point of law: Merely, because another view or a better view is possible, there should be no interference with or disturbance of the order passed by the Single Judge, unless both sides agree for a fai....
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