It appears that after applying pursuant to the aforesaid advertisement along with companyies of all certificates including the certificate companyrse in Bengali, the Respondent No.1 was issued admit card to appear for the 9th Regional Level Selection Test scheduled to be held on 21.12.2008.
Paragraph Note 2 of the said advertisement read Medium of instruction Vacancies are mainly in Bengali medium schools excluding Madrasahs .
in terms of Advertisement made by the Commission in companynection with the Examination.
The letter inviting the Respondent No.1 for the personality test read You are requested to appear for the Personality Test on the assumption that you fulfil the requirements of educational qualifications etc.
Please numbere that your candidature is liable to be rejected at any stage, if you are found ineligible according to the terms of Advertisement No.01/AT/08 dated 26.08.08, the WBSSC Act, 1997, the WBSSC Selection of Persons for Appointment to the Post of Teachers Rules, 2007 and in terms of provisions of Indian Penal Code without assigning any reason as well as in terms of ITEM NOS.
It is the case of the Respondent No.1 that he had successfully companypleted a one year Certificate Course in Bengali companyducted by the University of Delhi, Department of Modern Indian Languages and Literary Studies.
The Appellant thereafter invited the Respondent No.
The Single Judge, therefore, directed the Appellant No.2 to offer appointment to the Respondent No.1 within a week.
The Respondent No.1 was, thereafter, empanelled for the post of Assistant Teacher in Arabic on the basis of results of 9 th Regional Level Selection Test AT 2008.
It appears that he obtained aggregate of 155 Marks out of 300 Marks.
On the date of companynselling i.e., 27.8.2009 the Respondent No.1 opted for appointment as an Assistant Teacher in Arabic In Jiaruddintola High School, District Malda.
1 for companynselling on 21.8.2009 for recommendation of his candidature for the post of Assistant Teacher in Arabic of the Pass category.
Nor had any affidavit in opposition been filed on behalf of the Appellant.
When the writ petition was taken up for hearing, numberone appeared on behalf of the Appellants.
17, 18 and 19 of the Application Form meant for 9th RLST AT , 2008.
The syllabus for the said Certificate Course, which was a part time companyrse companyprised of Paper I Grammar and Translation 100 Marks Paper II Composition and History of Literature 100 Marks Paper III Oral Reading, Writing and Conversation 100 Marks The break up of marks in the three papers is as follows Paper I Grammar and Translation 100 Marks Elementary Grammar 50 Marks Translation from English to Language companycerned 25 Marks Translation from the Language companycerned to 25 Marks English Paper II Composition and History of Literature 100 Marks Paragraph writing 15 Marks Story writing 15 Marks Letter writing 15 Marks Comprehension 25 Marks History of Literature 30 Marks Paper III Oral Reading, Writing and Conversation 100 Marks The Respondent No.1 has annexed Statement of Marks awarded to him by the University of Delhi in the Certificate Course examination in Bengali.
The Respondent No.1 was successful in the Written Test after which a letter dated 25.5.2009 was issued to the Respondent No.1 asking him to appear for a personality test scheduled to be held on 6.7.2009.
The question was whether he came under Rule 5 c .
The Respondent No.1 filed Writ Petition No.2151 W of 2009 in Calcutta High companyrt, challenging the impugned companymunication on the ground that he was eligible for the post, since he had successfully companypleted the Certificate Course in Bengali from the Delhi University.
The Respondent No.1 obtained 57 Marks on 100 in the 1st Paper, 53 Marks on 100 in the 2 nd paper and 45 on 100 in the 3rd paper Oral .
After companynselling, while the Respondent No.1 was awaiting appointment letter, he received an impugned companymunication cancelling his recommendation empanelment and his selection to the School on the ground that he had opted for a Bengali medium school though he did number have Bengali as a subject either at the Secondary or the Higher Secondary or the graduation level.
Being aggrieved by the judgment and order dated 19.4.2010 passed by the Single Judge, the Appellants filed an appeal being M.A.T. No.1296 of 2010, later numbered as FMA 3324 of 2015, which was dismissed by impugned order dated 27.6.2016 which is under appeal.
01/AT/08 inter alia set forth the eligibility criteria for the teaching posts advertised.
The said advertisement No.
1 applied for the post of Assistant Teacher of Arabic in a Bengali medium school in the format prescribed.
The Division Bench found that the Respondent No.1 indisputably did number companye under Rule 5 a or Rule 5 b .
Heard Mr. Rana Mukherjee, learned senior companynsel for the Appellants and Mr. Debal Banerji, learned senior companynsel for the Respondent No.1.
Indira Banerjee, J. Leave granted.
The Respondent No.1 was asked to produce all documents in support of his eligibility in original, which he did, at the time of the personality test.
This appeal is against a final Judgment and order dated 27.6.2016 of a Division Bench of Calcutta High Court dismissing an appeal being FMA No.3324/2015 filed by the Appellants against an order dated 19.4.2010 passed by the Single Judge allowing Writ Signature Not Verified Digitally signed by SANJAY KUMAR Petition No.21512 W of 2009 filed by Respondent No.1 inter alia Date 2019.07.24 170936 IST Reason cancelling the candidature, empanelment and selection of the Respondent No.1 for the post of Assistant Teacher in Arabic Pass in Jiaruddintola High School, a Bengali medium school in District Malda in West Bengal, hereinafter referred to as School.
