Ratna Rani Roy v. The Union Of India And ORS
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WP.CT/73/2023 Ratna Rani Roy Vs The Union of India and others Mr. KMB Jayapal ... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents August 07th, 2024 [SR] Item No. 10 The writ petitioner challenges an order dated November 29, 2023, passed by the Central Administrative Tribunal, Kolkata Bench in circuit at Port Blair, dismissing her original application.
The Administration had conducted the process for recruitment in posts of Post Graduate Teachers (PGTs) In different subjects and media and Group B Non Gazetted Non Ministerial posts under the department of Education. The present case is concerned with a post of teacher in commerce.
Since the writ petitioner was not selected or granted appointment, she approached the Tribunal. Having failed she is before us.
It appears that the only issue that needs to be resolved is whether the writ petitioner's medium of instructions at the Secondary and Senior Secondary School levels was English/Hindi or any other language.
Mr. Jayapal, learned counsel appearing in support of the writ petitioner says that there is no dispute that the writ petitioner sat CBSE Examinations successfully at the Secondary level as also at the Senior Secondary School level. In CBSE, there are only two media of instruction, either English or Hindi. Therefore, the learned Tribunal fell in error in rejecting the writ petitioner's original application.
Mr.
Shatadru Chakraborty, learned advocate appearing for the Administration, disputes the submission made on behalf of the writ petitioner. He says that it would be appropriate to call for the relevant school authority to clarify the situation. He draws our attention to page 62 of the writ petition being a medium certificate dated May 23, 2023, issued by the office of the Head Master, Government Middle School Billiground, Middle Andaman, which is to the effect that the writ petitioner studied in class PP to VIII in Bengali Medium in the said school and had studied Hindi subject as third language from Classes VI to VIII.
There appears to be an arguable case on both sides. Factual issues have to be decided. We are of the view that ends of justice will be served if we remand the matter to the Tribunal for being decided afresh upon further disclosure being made by both the parties and in the presence of the relevant school authorities.
Accordingly we set aside the order impugned in this writ petition and remand the matter to the Central Administrative Tribunal for consideration of the writ petitioner's original application afresh, in accordance with law. The parties will be entitled to file additional pleadings if they are so advised, before the Tribunal. The applicant will also be at liberty to add the relevant school authority as party in the original application.
We make it clear that we have not touched the merits of the case. The Learned Tribunal is requested to decide the Original Application afresh, in accordance with law without being influenced by any observation in this order, at an early date and preferably within six months from the date of communication of this order to the learned Tribunal. We find from the records that at the time of admitting this writ petition, a Coordinate Bench, by order dated December 19, 2023, had directed that the concerned recruitment process will be subject to the result of the writ application. Since we are remanding the matter for fresh consideration and decision by the Tribunal, we direct that the subject recruitment process will abide by the result of the Original Application that the learned tribunal is requested to consider afresh.
WP.CT/73/2023 is disposed of.
(Arijit Banerjee, J.) (Sugato Majumdar, J.)