Back
IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI CHATTERJEE
Rafiqul Alam Biswas – Appellant
Versus
State of West Bengal – Respondent
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. There were seven vacant posts of para teachers in Dhoradaha Union High School, Nadia. Of these, four were reserved for women and three for male candidates, in accordance with the 50% reservation policy for women. Upon completion of the selection process, appointments were made against all seven posts. At that stage, neither the petitioner nor private respondent No. 7 submitted their candidature for any of the posts.
4. Subsequently, one of the female para teachers, namely Susmita Mondal, resigned from her pos
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....
The main legal point established in the judgment is that administrative instructions cannot override statutory rules, and the rejection of an appointment must be in accordance with the applicable rul....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
