Mihir Kumar Das v. Department Of School Education & Literacy,Ministry Of H.R.D

WPA 9332 of 2019 16.12.2020 Court No. 02 Item No. SL - 40 snandy Mihir Kumar Das Vs.

Department of School Education and Literacy, Ministry of Human Resource Development & Ors. (DISPOSED OF) Mr. Ekramul Bari, Advocate ......for the Petitioner Ms. Sudeshna Majumdar, Advocate ......for the Respondent No. 3 Heard the learned Advocate for the petitioner and the learned Advocate for the respondent no. 3. The affidavit of service filed in Court toady be kept with the record.

The petitioner has challenged the impugned order dated January 17, 2019 passed by the Secretary, West Bengal Central School Service Commission (annexure P12) rejecting the application of the petitioner for recruitment to the post of Assistant Teacher on the ground that the same is not in accordance with law rather contrary to paragraph 16 of the Notification/Memo No.1150/6867/CSS/ESTT/2016 dated December 16, 2016 of the West Bengal Central School Service Commission and the that the respondent has not taken into consideration the relevant paragraph while passing the impugned order.

Considering the submissions of the parties, the aforesaid impugned order dated January 17, 2019 is set aside with a direction upon the Secretary, West Bengal Central School Service Commission to consider the case of the petitioner afresh after taking into consideration the

relevant paragraph of the aforesaid Notification and pass a reasoned and speaking order after giving opportunity of hearing to the petitioner or his authorized representatives within eight weeks from the date of communication of this order in accordance and to communicate the same to the petitioner within two weeks thereafter.

With the aforesaid direction, WPA 9332 of 2019 is disposed of.

(Md. Nizamuddin, J.)