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2022 DIGILAW 811 (CAL)

Anup Gupta v. State Of West Bengal

2022-06-06

RAJASEKHAR MANTHA

body2022
ORDER 1. This Court has considered the report affirmed by Mr. Ashok Kumar Saha, Assistant Secretary, West Bengal Central School Service Commission. The Commission has admitted that appointment of Siddik Gazi, respondent no. 7 as Assistant Teacher in the subject of Mathematics in OBC for Class IX & X under the State Level Selection Test, 2016 has been a mistake. 2. The said Siddik Gazi has been restrained from receiving salary and entering the school by an order of Co-ordinate Bench on 2nd May, 2022. 3. Despite service of notice, the respondent no. 7 is not represented. 4. In that view of the matter, appointment of Siddik Gazi as Assistant Teacher by the Board of Secondary Education shall stand quashed and set aside. The Board shall take immediate consequential steps. An illegal appointment cannot confer any right on an appointee. As to whether the appointment has been obtained by fraud or other mal-practice and the steps to be taken to ascertain the same, shall be considered on the adjourned date. 5. No arrears whatsoever in any form shall be paid to the said Siddik Gazi. 6. Let this matter stand adjourned and be listed on 08.06.2022 for further consideration.