Samarendra Nath Mondal & Anr vs The State Of West Bengal & Ors
2021 Latest Caselaw 3631 Cal

07.07.2021
item no.8
s. bhar
 Ct.No. 17

                                 WPA 9899 of 2021

                                (via video conference)


                       Samarendra Nath Mondal & Anr.
                                     -Vs-
                         The State of West Bengal & ors.


             Mr. K.M.Hossain       ....for the Petitioner

             Mr. Phiroze Edulji
             Mr. Ranjan Saha .....for the Respondents

The grievance of the writ petitioner is that by virtue of the Supreme Court's Judgment, they are to be given weightage under Rule 9 (2) (d) of Recruitment Rules of 2001 for primary teachers. They are to show that writ application was filed by them before 31st December, 2010. The petitioners have annexed a copy of two orders dated 10th March, 2011 (vide page 35 of the writ application) and order dated 9.7.2010 (vide page 39 of the writ application) which shows that two writ applications were filed by the present two writ petitioners before 31st December, 2010.

The present grievance of the writ petitioners are that they have filed the writ application before 31st December, 2010 and though they are entitled to get weightage (as aforesaid) as has been decided by the Supreme Court, nothing has been done in this matter till date. In fact, in response to a letter written by the Assistant Secretary of School Education Department, a copy of the writ petition in

respect of Chitra Paul i.e. the writ petitioner no. 2 herein, was submitted on 16th December, 2019. No copy of such writ application was submitted in respect of the writ petitioner no. 1 herein (Samarendra Nath Mondal) as it was not demanded by any of the authorities.

However, I direct the Commissioner of School Education to look into the matter by giving an opportunity of hearing to the writ petitioners within a period of two months from date and in the said hearing, the petitioners shall appear with full preparation as to the copies of the Supreme Court orders, copies, if any, of this court's orders, and copies of the writ applications filed before 31st December, 2010 to show the fulfillment of the condition given by the Supreme Court that the candidates who had filed writ application before 31st December, 2010 could be eligible for the weightage.

This matter is not disposed of. The Commissioner of School Education will decide the matter within a period of two months from date. This will appear upon mentioning by the petitioner after service of notice of mentioning upon the learned advocate for the respondents in the 3rd week of September, 2021.

A copy of this order should be sent to the Commissioner of School Education by the learned advocate for the State as also the learned Advocate for the writ petitioner.

(Abhijit Gangopadhyay, J.)