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IN THE HIGH COURT AT CALCUTTA
RAI CHATTOPADHYAY
Gourab Bhattacharyya – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
RAI CHATTOPADHYAY, J.
1. The present writ petition is directed against an order of the Chairperson, West Bengal Regional School Service Commission (South Eastern Region), Barasat, [hereinafter referred to as “RSSC”], dated December 22 of 2017, thereby relegating the issue of appointment of the present petitioner in the died in harness category, with certain queries, touching the merits of his application and justifiability of recommending his name for appointment, to the District Inspector of Schools (Secondary Education), North 24 Parganas [hereinafter referred to as the “DI”]. The legality and propriety of the said order has been challenged in the present writ petition on the subject as to whether the RSSC, being a recommending body has the power and jurisdiction under the law and commit itself to consider the merits of the recommendation for appointment of the petitioner, by the recommending body (in this case the DI) or the application of the petitioner.
2. Before delving on the impugned order, it is required that the factual background of the case being narrated in a nutshell, for the benefit of discussion. The petitioner's father has been working as an Assistant Teach
The Management of an educational institution lacks authority to appoint on compassionate grounds without following the prescribed regulatory procedures, rendering such appointments void.
The main legal point established in the judgment is that the rejection of a claim for compassionate appointment after 11 years, when the petitioner had already applied for compassionate appointment i....
The main legal point established in the judgment is that the process for making compassionate appointments, including the inter-se assessment based on marking criteria by the Zonal Board, must be fol....
Dependents of deceased employees are entitled to compassionate appointments for vacancies arising post-enactment of relevant rules, affirming their statutory rights despite the time since the employe....
The main legal point established in the judgment is that compassionate appointment cannot be claimed as a matter of right, but if an applicant is bona fide and fulfills the necessary qualifications, ....
Compassionate appointment time limit for minors computed from attaining majority, not father's death.
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