This appeal by the Malda District Primary School Council challenges a lower court order directing them to award marks for a discrepancies certificate. The High Court affirmed the lower court order.
The appeal was dismissed. The Council was directed to award marks and obtain State Government approval by the specified dates.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
13.07.2022 KC(43)
M.A.T. 1998 of 2017 The Chairman, Malda District Primary School Council and Anr.
-versus-
Md. Rahamatul Alam and Ors.
Mr. Shamim Ul Bari……….……..For the appellants.
Mr. Kamalesh Bhattacharya, Md. Yusuf Ali……………………….For the respondent no. 1.
Mr. Tapan Kumar Mukherjee, Ld. AGP., Mr. Somnath Naskar………………For the State.
Malda District Primary School Council was conducting a recruitment process for appointment of primary school teachers. The respondent/writ petitioner applied under the O.B.C. category. He participated in a written examination.
It appears that the candidature of the respondent was not considered by the Council on the ground that there was discrepancy between the certificate issued to him by Bihar Vidyalaya Pariksha Samity, Patna in 1992 and the mark-sheet. ‘Sikshak Prashikshan Pariksha’ was printed on the certificate whereas ‘Sikshak Prashikshan Vidyalaya Pariksha’ appeared on the mark-sheet. No marks were awarded to him in respect of the certificate.
44.03 was the lowest mark obtained by an empanelled candidate in the O.B.C. category whereas
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the respondent/writ petitioner obtained 39.39 marks.
On the above solitary ground the said respondent’s certificate was not considered.
The learned single judge in the impugned judgment and order dated 17th November, 2016 observed that non-awarding of marks for the certificate “is completely arbitrary and erroneous”. By the said impugned judgment and order the learned judge directed the competent authority to consider the certificate furnished by the respondent/writ petitioner and “award appropriate marks for the same within three weeks from the date of communication of this order”. It was directed that after such marks are awarded, the respondent no. 3 in the writ application would have to consider the case of the writ petitioner by a reasoned order.
In our view, the impugned judgment and order is a perfectly well reasoned and balanced one. Findings of facts with regard to the validity of the certificate in question have been recorded in great detail. We find no reason to interfere with this judgment and order.
Malda District Primary School Council is to award marks in respect of the certificate of the respondent/writ petitioner by 22nd July, 2022 and then obtain approval of the State Government by 16th August, 2022. On the basis of the said marks, as approved, the Council will prepare a revised panel, if
3
necessary and forward the same to the Commissioner of Education, Government of West Bengal by 31st August, 2022.
This appeal (M.A.T. 1998 of 2017) is accordingly dismissed. We affirm the impugned judgment and order dated 17th November, 2016.
No order as to costs.
(I.P. MUKERJI, J.)
(SUBHENDU SAMANTA, J.)
2 issues framed by the court
Whether the single judge's order directing the Council to award marks for the petitioners certificate was erroneous and warranting interference.
Whether the impugned judgment and order of 17th November 2016 required the High Court to interfere with the single judges decision.
The Chairman, Malda District Primary School Council and Anr.
Md. Rahamatul Alam and Ors.
I.P. MUKERJI
SUBHENDU SAMANTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
