Rampada Mahato vs State Of West Bengal & Ors
2023 Latest Caselaw 4114 Cal

05.07.2023
 SL No.21
Court No.8
    (gc)


                        FMA 2048 of 2018
             CAN 1 of 2018 (Old No: CAN 6467 of 2018)

                            Rampada Mahato
                                   Vs.
                       State of West Bengal & Ors.


                                    Mr. Mani Shankar Chattopadhyay
                                    Ms. Munmun Biswas
                                                   ...for the Appellant.
                                    Mr. S.T. Mina,
                                                       ...for the State.

                       The appeal is arising out of the judgment and

               order dated 31st July, 2018 passed by the learned

               Single Judge dismissing the writ petition.        In the

               writ petition, the appellant has challenged the

               decision of the respondent school alleging that the

private respondent was selected in violation of the

rules and regulations governing the selection

process. It appears from the decision of the

selection committee that during selection preference

was given to Sri Ashwini Kumar Mahato on

consideration of his testimonials, experience and

age amongst other things and upon following the

guideline of the Paschim Banga Rajya Sishu Sikhsa

Mission. The grievance of the appellant was that

since the appellant is an M.A. in Bengali, he should

have been given preference for selection to the post

of "Bhasya Bivag". However, it appears from the

guideline issued by the authority concerned, the

person to be selected as Samprasarak for the

"Bhasya Bivag" would also be required to teach

Social Science and related subjects. We are of the

view that solely because the appellant is an M.A. in

Bengali, the candidate who may be found to be more

suitable to perform the duty of a Samprasarak

having a better experience in Social Science not to

be disturbed as the very purpose is to impart a

proper education. Moreover, the said panel was

only for one year. The panel had expired in the

meantime.

On such consideration, we are not inclined to

interfere with the order passed by the learned Single

Judge.

Accordingly, the appeal and the application

stand dismissed.

However, there shall be no order as to costs.

Urgent Photostat certified copy of this order, if

applied for, be given to the parties on usual

undertaking.

(Uday Kumar, J.)                    (Soumen Sen, J.)