Minara Khatun vs State Of West Bengal & Ors.

The petitioner has filed the present writ petition for a direction upon the West Bengal Board of Primary Education, Kolkata, the respondent no.2 to

consider and take a decision in accordance with law in respect of the petitioner’s representation dated 21st July, 2017.

Mr. Subrangshu Panda, learned advocate for the petitioner submits that the petitioner obtained 54.7% marks instead of 55% marks in total. Therefore,

Mr. Panda submits that the marks obtained by the petitioner should be considered as 55% marks instead of 54.7% marks.

In support of his contention Mr. Panda draws the attention of the court at page 28 of the writ petition wherefrom it reveals that in case of West

Bengal School Service Commission, the authority adopted this theory thereby rounding of the total marks obtained by that person. Mr. Panda prays

that court should direct the respondent authority to offer appointment to the petitioner thereby considering his total marks 54.7% as 55%.

The submission of Mr. Panda is vehemently opposed by Mr. Sanyal, learned advocate appearing for the Board. Mr. Sanyal submits that court has no

jurisdiction to go beyond the Act. Mr. Sanyal submits on that score, that Act is specific. He submits that in respect of reserved category candidate,

marks would be 55% and in respect of general category candidates, marks would be 60%. Mr. Sanyal submits that since the petitioner failed to obtain

55% marks as determined by the Act, therefore, the authority has no power to relax that Act thereby granting extra .3 marks in favour of the

petitioner.

In support of his contention Mr. Sanyal relies on Hon’ble Apex Court’s decision reported in (2011) 15 SCC 304 (Bhanu Pratap vs. State of

Haryana & Ors.) and (2011) 8 SCC 108(Orissa Public Service Commission & Anr. Vs. Rupashree Chowdhury & Anr.). At this juncture, Mr. Panda

submits that the petitioner has already submitted an application dated 21st July, 2017 before the authority which is pending for taking decision.

That being the scenario, in my considered view, the respondent authority should take a decision on that issue in respect of the petitioner’s pending

representation dated 21st July, 2017. Therefore, I direct the West Bengal Board of Primary Education, Kolkata, the respondent no.2 to consider and

take a decision in accordance with law in respect of the petitioner’s representation dated 21st July, 2017 within six weeks from the date of

communication of this order after giving an opportunity of hearing to the petitioner or her authorised representative and thereafter communicate the

decision to the petitioner within one week.

Needless to mention, I have not gone into the merits of the matter and all points are kept open to be decided independently in accordance with law by

the respondent authority. All parties are at liberty to rely on the decision of Hon’ble Apex Court and Hon’ble High Court as well as acts, rules

and relevant regulations at the time of hearing.With this direction, the writ petition is disposed of. No order as to costs. Urgent photostat certified copy

of this order, if applied for, be furnished on priority basis.