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2010 DIGILAW 830 (CAL)

Shyamal Chandra Sarkar v. STATE OF WEST BENGAL

2010-07-19

BISWANATH SOMADDER

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JUDGMENT 1. AFFIDAVIT of service filed in Court today be kept on record. 2. AFTER hearing the learned advocates for the parties and upon perusing the instant writ petition, it appears that the grievance of the writ petitioner is that although he holds a junior Diploma in Engineering awarded by the State Council for Engineering and Technical Education, West Bengal, his appointment letter dated 24th February, 2010, has been kept in abeyance by the Chairman, District Primary School Council, Uttar Dinajpur, in terms of the memo dated 15th March, 2010, being annexure P-1, page 41 of the writ petition. This memo is under challenge in the instant writ proceeding: 3. THE writ petitioner, however, has annexed a copy of the memo dated 26th September/15th October, 1983, issued by the Deputy Secretary, Government of West Bengal, Education Department, Technical (Poly) Branch, wherefrom it appears that the diploma certificate stated to be held by the writ petitioner is equivalent to the Higher Secondary Certificate (10+1) under the Old Regulation previously awarded by the West Bengal Board of Secondary Education and was superior to the Madhyamik Examination Certificate presently awarded by the West Bengal Board of Secondary Education, for the purpose of employment under the State Government and for prosecuting higher studies in professional field. 4. HAVING regard to the above, this Court is of the view that no useful purpose will be served in keeping the intant writ petition pending. The writ petition is disposed of with a direction upon the Chairman, District Primary School Council, Uttar Dinajpur, to take into consideration the abovementioned memo dated 26th September/15th October, 1983, issued by the Deputy Secretary, West Bengal, Technical (Poly) Branch, and treated the certificate stated to be held by the writ petitioner as a qualification superior to that of the Madhyamik Examination on the basis of the said memo and take steps accordingly. The Chairman shall take appropriate steps in the matter as expeditiously as possible, preferably within a period of four weeks, but not later than eight weeks from the date of communication of a photostat certified copy of this order. In view of observations made above, the impugned memo dated 15th March, 2010, issued by the Chairman, District Primary School Council, Uttar Dinajpur, is liable to be set aside and quashed and is hereby set aside and quashed. The writ petition stands allowed accordingly. Writ petition allowed.