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Judgment
Tapabrata Chakraborty, J
Affidavit of service filed by the petitioner be kept on record.
Mr. Maiti, learned advocate appearing for the petitioner submits that the petitioner is a TET qualified candidate and he was called for an interview on 26th October, 2016, in which he duly appeared. His candidature was not rejected after verification for recruitment. He obtained the Diploma in Elementary Education (in short, D.El.Ed.) in the month of February, 2018. In the midst thereof, the West Bengal Board of Primary Education (in short, the said Board) issued a memo dated 2nd November, 2017 notifying the TET qualified candidates, who have not been empanelled and also, not rejected after verification for recruitment but had passed the final examination of two year D.El.Ed. Course/Two Year D.Ed. (Special Education), to submit necessary documents during the office hours on and from 3rd November, 2017 to 9th November, 2017, so that appropriate decision can be taken regarding the next course of action. Candidates similarly situated with the petitioner were granted the benefit of the notification dated 2nd November, 2017. A memo dated 13th March 2018 was also issued by the Assistant Secretary to the Government of West Bengal, School Education Department to the Secretary of the Board forwarding similar claim. Stating such facts a representation was submitted by the petitioner to the Secretary of the Board on 26th September, 2019 but the same had not been considered.
Mr. Biswas, learned advocate appearing for the board denies and disputes the contention of the petitioner and submits that the memo dated 13th March, 2018 is not applicable to the petitioner.
Upon hearing the learned advocates appearing for the respective parties and upon considering the materials on record, I am of the opinion that no useful purpose will be served by keeping the writ petition pending and the issue needs to be relegated to the Secretary of the Board. Accordingly, the Secretary of the Board is directed
to consider the representation submitted by the petitioner on 26th September, 2019, as annexed at pages 31 and 32 of the writ petition and to take a decision, in accordance with law and to communicate the same to the petitioner.
The above exercise shall be completed by the Secretary of the Board within a period of four weeks from the date of communication of this order along with a copy of the writ petition.
As the writ petition has been disposed of without calling for affidavits, the allegations levelled against the respondents in the same shall be deemed to have been denied.
Urgent photostat certified copy of this order, if applied for, be handed over to the parties on compliance of necessary formalities.