Sahana Khatun @ ORS v. State Of West Bengal & ORS

15.09.2020.

Item no. 18.

Court No.13 ap W.P.A. No. 6792 (W) of 2020 With CAN 1 of 2020 [Old No. CAN 5747 of 2020] (Through Video Conference) Sahana Khatun & Ors.

Versus

The State of West Bengal & Ors.

Mr. K.M. Hossain.

...For the petitioners.

Mr. Biswabrata Basu Mallick, Mr. Sanjib Das.

...For the State.

Considering the urgency pleaded by the petitioners in CAN 5747 of 2020, the instant writ petition is taken up for hearing via video conference. Accordingly the application being CAN 5747 of 2020 is also disposed of.

The petitioners had applied to sit for the 1st SLST conducted by the West Bengal School Service Commission in the year 2016.

At the relevant point of time, they were not eligible as trained teachers as they did not possess the B.Ed. qualification. The examination and selection process has not been held as yet. In the meantime, the petitioners have secured the B.Ed. qualification in the year 2017. They then applied to the authorities for

being considered in the category of trained teachers in the aforesaid process of selection.

Counsel for the State, Mr. Biswabrata Basu Mallick, submits that the appropriate authority to take a decision in the matter is the School Service Commission itself.

In those circumstances, let the School Service Commission take suitable decision in the matter and pass orders if the petitioners make an independent application in this regard within a period of fifteen days from date.

The School Service Commission, upon receipt of such application, may dispose of the same in accordance with law, applicable Rules and policy within a period of three months thereafter. The decision taken by the School Service Commission may communicate to the petitioners within seven days thereafter.

As pointed out by the Counsel for the State, deficit court fees of this writ petition has already been deposited vide Filing No. A-6420 dated 15th September, 2020 by the Counsel appearing on behalf of the petitioners in the Department concerned.

With the aforesaid directions, the instant writ application shall stand disposed of.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.

(Rajasekhar Mantha, J.)