Apurbalal Dutta v. Hooghly District Primary School Council
2011-12-01
NADIRA PATHERYA
body2011
DigiLaw.ai
Judgment By this writ petition, the petitioners seek issuance of appointment letters to them. 2. The case of the petitioners is that pursuant to the advertisement published on 6th September, 2009, the petitioners applied for the post of Primary School Teacher in Hooghly District on 21st October, 2009 and 14th September, 2009 respectively. Thereafter, Admit Cards were issued to the petitioners and they were allowed to sit for the written test so also for the interview. In fact, as no step was taken for appointment of the petitioners, information was sought under the 2005 Act and as no reply was given thereto, this writ petition has been filed and orders sought. 3. Clause 3 (b) of the Brochure published for Selection Test 2009 by the respondent No.6 has defined ‘Ex-Servicemen’ to mean- “those who have put not less than 6 months continuous service in any rank (whether as a Combatant or as a Non Combatant) in the Armed Forces of the Union.” 4. As the petitioner Nos.1 and 3 were to retire on 30th April, 2010 and the petitioner No.2 on 31st October, 2009, the petitioners were entitled to apply for the said post. In fact, Ex-Servicemen, who retired on 31st May, 2010 and had appeared in the said selection process, have been given appointment to the deprivation of the petitioners. Therefore, the petitioners are entitled to appointment as Primary School Teachers. 5. None appears on behalf of the State respondents in spite of service. 6. Counsel for the respondent Nos.1 and 2 submits that the petitioner Nos.1 and 3 were to retire on 30th April, 2010 whereas the petitioner No.1 was to retire on 31st October, 2009. As the petitioners Nos.1 to 3 were to retire beyond the period of six months, they did not come within the zone of consideration and therefore, no appointment letters have been issued to them. 7. In reply, Counsel for the petitioners submits that from the explanation given to the definition ‘Ex-Servicemen’, it has been provided that the persons serving in the Armed Forces of the Union, who on retirement from service, would come under the category of “Ex-servicemen” would be permitted to apply for reemployment one year before the completion of their service.
7. In reply, Counsel for the petitioners submits that from the explanation given to the definition ‘Ex-Servicemen’, it has been provided that the persons serving in the Armed Forces of the Union, who on retirement from service, would come under the category of “Ex-servicemen” would be permitted to apply for reemployment one year before the completion of their service. This is also borne out from the notice issued by the Staff Selection Commission and therefore, the petitioners were well within the zone of consideration and appointments ought to have been issued to them. 8. Having considered the submissions of the parties, an advertisement was published on 6th September, 2009 inviting applications for the post of Primary School Teacher in the District of Hooghly. Ex-Servicemen were also entitled to apply for the said post. The petitioners in keeping with the definition of Ex-Serviceman, as defined in the Brochure issued by the West Bengal Board of Primary Education for the Selection Test of 2009 applied for the said post of 21st October, 2009 and 14th October, 2009 respectively. 9. Undoubtedly, the petitioners served in the Air Force till 30th April, 2010 and 31st October, 2009 respectively. Clause 3 (b) of the Brochure of 2009 has defined ‘Ex-Servicemen’ to mean those who have put not less than six months continuous service in the Armed Force. Six months from 30th April, 2010 would be October 2010 and the petitioners had applied in 2nd and 3rd week of October, 2009. Therefore, by virtue of the definition of ‘Ex-Servicemen’ given in Clause 3 (b) they were eligible to not only make the application, but to be in the zone of consideration. 10. Although Counsel for the respondent Nos.1 and 2 has sought to rely on definition of an ‘Ex-Servicemen’ obtained from the website of the Ministry of Defence, the same cannot be considered as a candidate is to apply on the basis of the Information Brochure which is to govern the concerned Selection Test. 11. Therefore, the definition of Ex-serviceman obtained from the website of the Ministry of Defence can have no application in the facts of the present case and it is only the definition of ‘Ex-Servicemen’ which is contained in the Brochure appended to the Selection Test Brochure of 2009 that will be applicable. 12. Accordingly, the petitioners on the date of application were Ex-Servicemen as per the definition of ‘Ex-Servicemen’. 13.
12. Accordingly, the petitioners on the date of application were Ex-Servicemen as per the definition of ‘Ex-Servicemen’. 13. In the explanation given to the definition ‘Ex-Servicemen’, it has specifically been provided that Ex-Servicemen would be entitled to apply for re-employment one year before the completion of their engagements. This is another reason, which warrants issuance of appointment letters in favour of the petitioners. 14. Accordingly, in the event the petitioners do qualify for appointment as Primary School Teachers, their candidature would be considered in accordance with law and steps be taken in respect thereof within four weeks from the date of receipt of this order. 15. With the aforesaid direction, this writ petition is disposed of. 16. As no affidavit-in-opposition has been filed, the allegation contained in the petition is not admitted. 17. As there are more writ petitioners than one, let the deficit Court Fees be deposited by the petitioners by 2nd December, 2011. 18. Urgent certified Photostat copy of this order, if applied for, be given to the parties subject to compliance with all requisite formalities.