The Calcutta High Court recently comprising of a bench of Justice Abhijit Gangopadhyay while dealing with a case of an appointment of a teacher based on the notifications observed that based on one selection process initiated, one cannot claim for a post without participating in the selection process. (Suprana (Pal) Dey vs. The State of West Bengal & Ors)
The bench remarked that the prayer for rejection of the consideration report of the District Project Officer dated 23rd June 2009, could not be passed and the petitioner could be directed to be appointed as an additional para teacher for the subject Bengali in the said school.
Facts of the case
The case was filed by the petitioner with the main prayer for setting aside the order passed by the District Project Officer on 23.06.2009 in compliance with an order passed by the Hon’ble Court. For setting aside such order, the petitioner had relied upon one panel prepared by the concerned school, namely, Bitra High School on 16th August 2004, in response to one Notification for appointment of additional para teachers dated 13th July 2004.
It was found from the said Notification that there was no post for the subject Bengali. The petitioner was named in the panel for the subject Bengali. However, since there was no post in the Notification for the subject Bengali in August 2007, and her name was published in the panel according to the said Notifications of July 2004, she could not be considered for the post of Bengali as an additional para teacher.
Contention of the Parties
The petitioner claimed based on a subsequent declaration of two vacancies which she found from an enquiry report. It was mentioned, therein, about two posts – one for Social Science and another for Bengali, wherein two additional para teachers were selected in 2007, and the petitioner was not there in the selection process of 2007.
Courts Observation and Judgment
The bench dismissing the application held, "The petitioner was nowhere in the picture in the selection process of 2007. On the basis of one selection process initiated in 2004 (when there was no post for the subject Bengali), she cannot lay claim for a post without participating in the selection process. Therefore, her prayer for rejection of the consideration report of the District Project Officer dated 23rd June, 2009 cannot be passed and she cannot be directed to be appointed as an additional para teacher for the subject Bengali in the said school. Thus, the Hon’ble Court did not find any merit in the writ application and dismissed the same."
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