Kabir Mohammad v. The State Of West Bengal And ORS

08.11.2024 (M/L-153) Ct.-19 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 10044 of 2024 Kabir Mohammad -VsThe State of West Bengal & Ors.

Mr. Avinaba Patra, Mr. Dipanjan Kundu, .... For the Petitioner.

Ms. Sipra Majumder, Mr. Asish Dutta, .... For the State.

Md. Sarwar Jahan, Mr. Nayeemul Hoque, .... For the DPSC (Murshidabad).

Affidavit-of-service filed on behalf of the petitioner be kept with the record.

The petitioner had participated in the recruitment process of 2006 for appointment in the post of Assistant Teacher in Primary Schools in the district of Murshidabad.

The petitioner had participated in the said selection test with one year Primary Teachers Training (PTTI) course as his training qualification. The District Primary School Council, Murshidabad the respondent no. 3 herein had rejected the candidature of the petitioner without giving any weightage to his said training qualification.

The said respondent however, in terms of the judgment of the Hon'ble Supreme Court passed in the case of Amina Khatun & Ors. Vs. Birbhum

District Primary School Council & Ors. in Civil Appeal No. 1071 of 2019 gave weightage to the said training qualification but even thereafter, the total score of the petitioner (43.4144) in the said selection test could not cross the score of the last empanelled candidate (45.6333); therefore, the decision of the respondent no.3 to reject the candidature of the petitioner in the said selection test does not call for any interference.

W.P.A. 10044 of 2024 is therefore dismissed with the above observations without any order as to costs.

Parties to act on the server copy of this order duly downloaded from the official website of this Court.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)