Tapas Mishra v. State Of West Bengal & ORS

05. 09. 2022 WPA 17756 of 2017 BP Sl. 1 Court No. 17 Tapas Mishra Vs.

The State of West Bengal & Ors.

Mr. Nemai Chandra Saha ..for the petitioner Mr. Ranjan Saha ..for DPSC, Paschim Medinipur The respondents were directed by this court on 10.04.2019 and then on 27.09.2019 to file affidavit in opposition. On 27.09.2019, it was mentioned that this was a last chance for filing the affidavit in opposition.

Today, learned advocate for the District Primary School Council has prayed for filing affidavit in opposition which is not allowed.

Learned advocate for the petitioner submits that though he is a physically handicapped candidate and has qualified in the recruitment process for getting the job of a teacher in primary school, he has not got it. By way of a supplementary affidavit he has filed one enquiry report as was directed by this court wherefrom it appears that there were serious irregularities in the OMR sheet. I direct the Commissioner of School Education to give an

opportunity of hearing to the petitioner within a period of six weeks from date when the petitioner will rely upon the writ application and the supplementary affidavit. Copy of the writ application and the supplementary affidavit has to be served again upon the Commissioner of School Education immediately. It is to be served earlier along with a copy of this order. After hearing, the Commissioner will take a decision whether the petitioner can be given employment or not. The decision should be reasoned and speaking one. The reasoned decision is to be communicated to the petitioner within a period of two weeks from the date of conclusion of hearing. With the above observation and direction, this writ application is disposed of.

(Abhijit Gangopadhyay, J. )