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Reply To: Appointment of Primary Teachers by DPSCs

#41107
Anonymous

COURT ER STAY – ORDER TA PORE NAO BONDHURA…

29.09.2014
Item No.102
SB

W.P. 27619 (W) of 2014
Partha Nandi & Ors.
Vs.
The State of West Bengal & Ors.
Mr. B. R. Bhattacharya,
Mr. S. K. Dutta………..for the petitioners.
Ms. A. G. Gutgutia……………..for the respondents 4 and 6.
Mr. S. Sanyal,
Mr. R. Biswas…………….for the council.

Mr. Bhattacharya, learned senior advocate appearing for the
petitioners was arguing the writ petition for admission and interim relief.
Since the time for the Court to rise was drawing to a close and this being
the last working day before the Annual Vacation, I stopped him in the
midst of his arguments and called upon Mr. Sanyal, learned advocate
appearing for the Howrah District Primary School Council to respond.
Mr. Sanyal has also not been able to complete his arguments.
However, there can be no doubt having regard to the rival
submissions, that an important point has arisen for decision i.e. whether
upon cancellation of a selection process that commenced in pursuance
of an advertisement issued in 2009, a further direction for
commencement and conclusion of the selection process with the
candidates who responded to the 2009 advertisement could be made by
the Government although in the meanwhile, there has been changes in
the qualifications for appointment as primary teachers.
I am of the view that the issue requires consideration in depth.
2
Put up the writ petition for further consideration on the reopening
date under the heading ‘Motion’.
Non-grant of ad-interim relief would prejudice the petitioners.
It has been ascertained from Mr. Sanyal that the panel has not been
prepared. The council shall be at liberty to prepare the panel and
necessary approval thereof may also be obtained but no appointment
shall be made from the panel without obtaining the leave of the Court till
03.11.2014 or until further orders, whichever is earlier.
(DIPANKAR DATTA, J