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Judgment
Rajasekhar Mantha, J
The writ petitioner claims to have been appointed in Puncha Thana Moulana Azad Madrasah Shiksha Kendra, P.S.-Puncha, Dist.-Purulia from 2005.
The Madrasah came to be recognised as a Madrasah Siksha Karmosuchi with effect from 1st May, 2009 by order dated 16.02.2010.
By letter dated 19th July, 2010 five teaching and two non-teaching staffs were approved as teachers in the Madrasah and the petitioner’s name
was specifically mentioned in the said communication as ‘not approved’ since his name did not feature in the DLIT Inspection report.
The State vide memoranda dated 26.10.2010 and 11.09.2017 granted relaxation to the Madrasah appointing teachers below the approved age of 25
years. Admittedly, the petitioner was below the 25 years of age as on the date of first alleged appointment with the Madrasah concerned.
The petitioner would argue before this Court that since the Government has already taken a decision to recognise the teachers appointed even below
25 years in a Madrasah, the same benefits should be given to the petitioner.
The petitioner also relies upon certain additional documents claimed to have been received by him under the provisions of the R. T. I. Act. He
annexes extracts from the alleged DLIT report that his name in fact featured thereon.
This Court has reason to disbelieve the documents since it is an extract and the entire document DLIT report is not there and any event there is no
date evident from the said document.
Since the petitioner’s name in fact never featured in DLIT report, the question of consideration of any relaxation of age for absorption therefore
does not and cannot arise.
In any event this Court also notices that the Circulars of 2010 and 2017 permitting age relaxation relied upon by the petitioner, are only prospective and
cannot be retrospective. The petitioner, therefore, even otherwise cannot have any claim for recognition.
Hence, the instant writ petition shall stand dismissed.
CAN 9453 of 2019 is allowed only to the extent of taken on record additional documents produced by the writ petitioner.
No order as to costs.
Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.