Safikul Islam And ORS v. State Of West Bengal And ORS.

Sl. No. 13

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION APPELLATE SIDE

Present:

The Hon'ble Justice Joymalya Bagchi And The Hon'ble Justice Gaurang Kanth M.A.T. 482 of 2024 (CAN 1 of 2024) Safikul Islam -Vs- The State of West Bengal & Ors.

For the Appellant :

Mr. Ekramul Bari, Adv., Sk. Imtiaj Uddin, Adv.

For the State :

Mr. Jayanta Samanta, Adv., Mr. Kushal Biswas, Adv.

Heard on :

24.06.2024 Judgment on :

24.06.2024 Joymalya Bagchi, J. :- 1.

Appellants have assailed judgment and order dated 27.02.2024 whereby the learned Single Judge, inter alia, directed the respondents to impart training to the present petitioners in the event the scheme for training of Pranibandhu/Additional Pranibandhu under Paschim Banga Go Sampad Bikaksh Sanstha (for short PBGSBS) is still continuing but

that would not entitle the appellants to be engaged as Pranibandhu/Additional Pranibandhu under PBGSBS. 2.

By an order dated 05.04.2024, a Co-ordinate Bench of this Court directed the State respondents to clarify whether any scheme for training of Pranibandhu/Additional Pranibandhu i.e. artificial insemination personnel was available and if similarly situated persons have been trained under PBGSBS.

3.

In response to the order, report in the form of affidavit has been filed by the respondents. In the said affidavit, it is stated the training of Artificial Insemination workers i.e. Pranibandhu/Additional Pranibandhu was a Central Government sponsored project under National Project for Cattle and Buffalo Breeding (for short NPCBB). The project was discontinued in 2014. In the meantime some of the applicants had prayed for training under the said project in WP 326 of 2014. An order of injunction restraining appointment of trained AI workers for appointment in the Government or self-employment scheme was passed. Finally by order dated 16.12.2021 an Hon'ble Single Bench directed the writ petitioners in WP 326 of 2014 to make applications before the officer concerned of PBGSBS and in the event applications were made, the said applicants shall be given training. The prayer was restricted to the writ petitioners and supporting respondents alone. Admittedly, the appellants had not joined in the said writ petition but in 2018 filed the present writ petition praying for similar relief.

4.

After considering the aforesaid facts, learned Single Judge was of the view that the appellants/writ petitioners may be given training in Artificial Insemination Process in the event any training scheme under PBGSBS is presently in force. Report of the Government states no such scheme is presently invoked.

5.

Appellants have taken exception to the report and contend that similar training schemes are continuing.

6.

We have gone through the report as well as its exception. A certificate issued by Ramkrishna Mission Ashrama, Sargachi for imparting training under Multipurpose Artificial Insemination Technician in Rural India (for short MAITRI) has been annexed. The certificate clearly shows that the training programme was under MAITRI Scheme and not under the Central Government sponsored PBGSBS. MAITRI Scheme appears to be the successor of the erstwhile PBGSBS.

7.

Accordingly, we modify the order impugned and direct the appellants are at liberty to apply under MAITRI Scheme and if found eligible may be trained under the said scheme. 8.

With the aforesaid modification, the appeal and the connected application being CAN 1 of 2024 are disposed of. 9.

There shall be no order as to costs.

10.

Photostat certified copy of this judgment, if applied for, be given to the parties on compliance of all formalities. I agree.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.) as