Ananya Biswas (Ghosh) vs The State Of West Bengal & Ors
2023 Latest Caselaw 7105 Cal

13.10.2023
 SL No.29
Court No.8
    (gc)


                   MAT 1300 of 2022
                    CAN 1 of 2022

                 Ananya Biswas (Ghosh)
                           Vs.
             The State of West Bengal & Ors.

               Mr. Partha Sarathi Bhattacharya, Sr. Adv.,
               Mr. Kazi Sajjad Alam,
               Ms. Afsana Khatun,
                                         ...for the Appellant.
               Mr. Sauvik Nandy,
                                          ...for the N.C.T.E.
               Mr. Supriyo Chattopadhyay,
               Mr. Sabyasachi Mondal,
                                             ...for the State.



               1.

The grievance of the petitioner/appellant is

that in spite of the requisite qualification,

her candidature was rejected by the

District Inspector of Schools (S.E.), Kolkata

on 1st December, 2020 to the post of

Assistant Teacher in History (Pass). The

petitioner was the first empanelled

candidate.

2. In order to clarify whether the petitioner

has the required qualification, N.C.T.E. has

filed a report in the form of affidavit

disclosing all the relevant circulars and

notifications.

3. Mr. Nandy, learned Counsel appearing on

behalf of the N.C.T.E. has relied upon the

notification dated 13th November, 2013 in

which the requirement of minimum

percentage of marks in Graduation was

considered along with its applicability. It

appears that the qualifications mentioned

in the Gazette Notification dated 23rd

August, 2010 was amended in the manner

following:-

"1. In the said notification in paragraph 1, in sub-paragraph (ii), - (A) in clause (a) for the words, figures, brackets and letters "Graduation with at least 50% marks and 1 year Bachelor in Education (B.Ed.)", the words, figure and letters "At least 50% marks either in Graduation or in Post-Graduation and B.Ed." shall be substituted.

(B) After clause (b), at the end, the following proviso shall be inserted, namely:-

"Provided that minimum percentage of marks in graduation shall not be applicable to those incumbents who had already taken admission to the Bachelor of Education or Bachelor of Elementary Education or equivalent course prior to the 29th July, 2011.

2. This notification shall be deemed to have come into force on the 29th July, 2011."

4. Prima facie, it appears that the said

notification applies to the appellant as she

had already taken admission to the

Bachelor of Education prior to 29th July,

2011. The petitioner had acquired B.Ed.

qualification in the year 2004.

5. Under such circumstances, the impugned

order of D.I. dated 1st December, 2020 is

set aside. Consequent thereupon, the

judgment of the learned Single Jude is also

set aside.

6. We direct the D.I. to reconsider the matter

on the basis of the notification dated 13th

November, 2013 and pass a fresh order

within eight weeks from the date of

communication of this order by either of

the parties.

7. Accordingly, the appeal and the application

stand disposed of.

8. However, there shall be no order as to

costs.

9. Urgent Photostat certified copy of this

order, if applied for, be given to the parties

on usual undertaking.

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