Milan Kumar Sing And ORS. v. State Of West Bengal And ORS.
Form No. J.(2) Item No. DL/10 ARPAN AR(CT)
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction (Appellate Side) W.P.A. No.9834 of 2025 Milan Kumar Sing & Others Vs.
The State of West Bengal & Others Before: The Hon'ble Justice Saugata Bhattacharyya For the Petitioner : Mr. Tulsi Das Maiti, Adv.
Ms. Namita Basu, Adv.
Mr. Pradip Kumar Ghosh, Adv.
For the State : Mr. Bhaskar Prasad Vaisya, AGP Mr. Nilay Baran Mandal, Adv.
For W.B.B.P.E.
: Mr. Ratul Biswas, Adv.
Mr. Kaushik Chowdhury, Adv.
For D.P.S.C., Paschim Medinipore : Mr. Ranjan Saha, Adv.
Heard On : 22.05.2025 & 24.06.2025 Judgment On : 24.06.2025
P a g e | 2 Saugata Bhattacharyya, J.:
1.
In terms of the order dated 22nd May, 2025, a report in the form of affidavit has been filed on behalf of the Chairman, District Primary School Council, Paschim Medinipore (hereinafter referred to as 'said Council'), which was affirmed on 20th June, 2025 and taken on record. 2.
In the aforesaid report it is averred in paragraph 4 that self-appraisal report of the teachers has been mentioned in the notification dated 11 th April, 2025 but that shall not have any impact on preparation of panel. It is also averred in paragraph 6 that at the time of preparation of panel of Head Teacher no marks would be awarded on annual report. 3.
It was already contended on behalf of the petitioner in reference to Rule 14 of the West Bengal Primary School Teachers Recruitment Rules, 2016 that for preparation of panel for filling up of post of Head Teacher in primary school, it is not required to submit self-appraisal report; only criteria which has been prescribed under Rule 14 that said Council shall appoint Head Teachers in every primary school within the jurisdiction of the Council from a panel of senior most primary teachers possessing requisite minimal educational qualifications and professional qualifications as prescribed in the relevant notification issued by the National Council for Teacher Education.
4.
Contention of the petitioner in connection with the impugned notification dated 11th April, 2025 issued by the said Council for recruitment in the post of Head Teacher in the primary school in the District of Paschim
P a g e | 3 Medinipore finds support as it appears from the report filed on behalf of the said Council. Therefore, it transpires that notification dated 11th April, 2025 inviting applications from eligible candidates for recruitment in the post of Head Teacher issued by the said Council is contrary to the relevant provisions of the West Bengal Primary School Teachers Recruitment Rules, 2016. Hence, said notification dated 11th April, 2025 stands set aside whereby it was prescribed that the candidates are required to submit two years (2023 & 2024) self-appraisal report along with applications seeking appointment in the post of Head Teacher.
5.
However, this order shall not preclude the said Council to issue fresh notification in terms of the relevant provisions of the West Bengal Primary School Teachers Recruitment Rules, 2016 for initiation of selection process in order to fill up vacant post of Head Teachers in the District of Paschim Medinipore.
6.
Writ petition stands disposed of.
7.
However, there shall be no order as to costs. 8.
Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.
(Saugata Bhattacharyya, J.)