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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI CHATTERJEE
Rafiqul Alam Biswas – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. prolonged litigation over para teacher post. (Para 1 , 2 , 3 , 4) |
| 2. representation and orders regarding job entitlements. (Para 5 , 6 , 7 , 8) |
| 3. arguments regarding reservation policy application. (Para 11 , 12 , 13) |
| 4. state's position on school-wise reservation. (Para 14 , 15 , 16 , 17) |
| 5. administrative mistakes in appointments addressed. (Para 18 , 19) |
| 6. principles on retrospective application of laws. (Para 28 , 29 , 30 , 31) |
| 7. court's decision to dismiss the writ petition. (Para 33 , 34) |
JUDGMENT :
PARTHA SARATHI CHATTERJEE, J.
1. The petitioner and private respondent No. 7 have been embroiled in protracted litigation for more than one and a half decades over the engagement to the post of para teacher at Dhoradaha Union High School, Nadia.
2. The origin of the dispute, which has resulted in prolonged litigation, can be traced back to a selection process initiated in 2004 by the District Project Officer, Sarba Siksha Mission, Nadia. To implement that process, a notification dated 10th June 2004 was issued for the recruitment of 4,000 para teachers in various schools across the district. The notification specified that 50% of the posts would be reserved for women.
3
The court confirmed that appointments must honor reservation policies, and errors by administrative authorities invalidating such appointments cannot be retrospectively rectified to the detriment of ....
The main legal point established in the judgment is that an order imposing a ban on new engagements cannot be applied retrospectively and does not affect pending selection processes.
The retroactive application of circulars affecting employment engagement is impermissible without explicit legislative intent, ensuring the rights of the engaged party are preserved unless dissolved ....
The main legal point established in the judgment is the violation of natural justice and the failure to consider all relevant facts and materials in reaching the decision.
The main legal point established in the judgment is the application of fair play and non-discrimination principles in service jurisprudence, emphasizing equal treatment for similarly situated employe....
Post of Assistant Teachers in Government Middle Schools - Qualification - It is mandatory provision that 50% of total posts shall be filled-up from candidates, who has working experience as a Para Te....
The court established that the appointment of teachers under the Jharkhand Education Project Council is contingent upon verification of qualifications and approval by the competent authority, and tha....
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