Calcutta High Court (Appellete Side)
Court No. 17 Manidipa Purkait & Ors vs The State Of West Bengal & Ors on 1 March, 2023
01. 03. 2023
W
BP WPA 24562 of 2022
Sl. 84
Court No. 17 Manidipa Purkait & Ors.
Vs.
The State of West Bengal & Ors.
Mr. Dibyendu Chatterjee
..for the petitioners
Mr. Saikat Banerjee
Mr. Ratul Biswas
Mr. Kaushik Chowdhury
..for the Board
Affidavit of service and the document showing
payment of full court fees are kept on record.
The petitioners have assailed the decision of the
West Bengal Board of Primary Education to permit the
in-service teachers to participate in the recruitment
process of 2022.
Learned advocate for the petitioners submits that
prior to this recruitment process, the in-service
teachers were never allowed to participate in a future
recruitment process. He further submits that if the in-
service teachers are allowed to participate in the
present recruitment process their opportunity to get
service will be narrowed down for the persons who are
the aspirants to get the job of a teacher in a primary
school. Apart from that, regarding in-service teachers
several matters are pending before this court and
judgments are yet to be delivered on completion of
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hearing and at this stage in-service teachers cannot be
allowed to be recommended and absorbed in some
other schools during the pendency of the applications
as a large number of teachers may lose their jobs for
different illegalities and for such teachers the present
aspirants cannot be deprived of their opportunity to be
appointed as some of the vacancies would be filled up
by in-service teachers. If some of such in-service
teachers' jobs are terminated for past illegalities a
complicated situation would arise by which the present
fresh aspirants would suffer. Furthermore there is a
transfer policy of the government and if the in-service
teachers want transfer they should take recourse to the
said transfer policy.
Learned advocate for the West Bengal Board of
Primary Education has vehemently opposed these
prayers of the petitioners and have submitted that the
interview process is continuing since December 26,
2022 and some in-service teachers' interview are
already complete. Therefore, if any order restraining the
in-service teachers from participating in the present
selection process of 2022 is passed they would be
seriously jeopardised.
I hold that a candidate's interest who is already
in service, will not be jeopardised if he is not allowed to
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participate in a subsequent recruitment process
because he is already in service. Apart from that if it is
found in the cases pending before this court in respect
of the past recruitment of Assistant Teachers that they
were appointed in breach of the rules illegally their new
appointment as in-service teachers will create an
imbroglio in the clear process of law as to termination
of their service in the new post.
After considering the submissions of the parties, I
direct that there shall be an interim order restraining
the respondents and their men and agents specially the
respondent nos. 3, 4 and 5 from permitting any in-
service candidates to get opportunity to select a
vacancy in the present selection process of 2022. The
in-service candidates, who have been given opportunity
to appear in the interview shall also not be allowed
further in the recruitment process of 2022 by this
restraining order for recommendation and appointment.
Affidavit in opposition is to be filed by four weeks
from date. Reply thereto, if any, be filed by two weeks
thereafter.
Liberty to mention after expiry of the said six
weeks period.
Interim order will continue till the disposal of the
writ application.
The Deputy Secretary of the West Bengal Board
of Primary Education is directed to upload this order of
this court in web-site of the Board for the intimation of
all concerned.
The matter is marked as heard in part.
(Abhijit Gangopadhyay, J. )
Rul
