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Judgment
Ashim Kumar Roy, J.—It is the grievance of the writ petitioner that having come to learn that a post of Sahayika is going to be filled up in Sabdalpur Sishu Siksha Kendra having all requisite qualification, she offered her candidature for the said post. However, out of sheer mala fide she was not called in the interview and one Purnima Sarkar was called and selected. Thereafter when the Managing Committee of the school forwarded her selection for approval to the Mission Director, Sarba Siksha Mission-respondent no. 2, the writ petitioner made a representation bringing to his notice various gross irregularities committed during the selection process. The respondent no. 2 having been fully satisfied declined to grant any sanction to the said appointment. Since then no steps have been taken for filling up of the post of Sahayika in the said school by its Managing Committee and when the petitioner is most eligible for the said post, the Managing Committee be directed to initiate process for filling up of the vacancy.
Heard the learned Counsel for the petitioner as well as the learned Counsel appearing on behalf of the State and considered their respective submissions.
No person has any vested right of appointment against any particular post even though such person fulfills all eligibility criteria. Therefore, the prayer of the petitioner that the respondent authorities be directed to take steps for filling up the post of sahayika in Sabdalpur Sishu Siksha Kendra considering his candidature cannot be considered by this court in exercising its extraordinary writ jurisdiction.
However, this is a case where a post of sahayika in a Sishu Siksha Kendra, where the elementary education is imparted to the children upto the age of 9 years, has been kept vacant for years together and for not less than 5 years, which is of course fatal to the proper education and disadvantages to the child education and thus infringed the right to education of a child, not above the age of 14 years guaranteed under Article 21A of the Constitution as also the statutory provisions enshrined in the Right of Children to Free and Compulsory Education Act, 2009.
If, therefore, the post of sahayika in Sabdalpur Sishu Siksha Kendra, is still lying vacant, the respondents are directed to initiate the process for the filling up of the said vacancy within two weeks from the date of communication of this order in accordance with law and be completed within three months thereafter.
This writ application has no merit and accordingly stands dismissed.
The office is directed to communicate this order to the respondents at their addresses mentioned in the cause title within a week. Let a photostat certified copy of this order, at free of cost, be made over to the learned Additional Government Pleader Mr. Tapan Mukherjee who is requested to ensure that the directions are complied with by the respondents within the period stipulated herein above.