Sri Nemai Chandra Mollick vs State of West Bengal and Others

This appeal has been preferred assailing the order dated 13th March, 2008 passed by a learned Judge of this Court whereby and whereunder the said learned Judge dismissed the writ petition upon observing only as hereunder;

Perused the order impugned appearing at page 44 of the writ petition. In my view, the order impugned is reasoned and does not call for any interference. Therefore, the writ petition is dismissed.

There is no dispute that the writ petition was filed by the appellant herein being dissatisfied with the order passed by the District Project Officer on 2nd January, 2008. The said order dated 2nd January, 2008 passed by the District Project Officer is set out hereunder;

"To

Sri Nemai Chandra Mollick,

Balgona Station Road,

P. O.-Nityanandapur,

Dist. Bardhaman.

Sub: Writ Petition No.20393 of 2007

Ref: Nemai Chandra Mollick

versus

State of West Bengal & Ors.

Reply to his letter dated 11.09.2007.

In reference to the above and in compliance with the order of the Hon''ble High Court, Kolkata passed by His Lordship the Hon''ble Mr. Justice Biswanath Samaddar on 16.10.07 he is to inform that as per guideline issued Vide Memo.No.523(996)/SSA/IV-30B dated 01.07.04/02.07.04 there is no provision of allowing full 5 marks for B.Ed. Only it is provided in the said GO that marks will be allowed on the basis of academic qualification after computation of marks secured in each examination.

The school authority was permitted to engage Para Teacher vide this Memo No.268(250)/SSM/IV-30-B dated 12.3.07 where it was directed to observe guideline issued vide memo.No.523(996)/SSA/IV-30B dated 01.07.04/02.07.04 even there is no mention of guideline 655(804)/SSA/IV-30-B dated 29.7.04. Therefore, the question of observing 655(804)/SSA/IV-30-B dated 29.7.04 does not arise at all.

This is for your information.

Sd/- Illegible 2.1.2008

District Project Officer

Sarva Shiksha Mission

Bardhaman.

In the aforesaid order, the District Project Officer held that there is no provision of allowing full 5 marks for B.Ed. Decree and further held that there is no question of observing the circular being No.655(804)/SSA/IV-30-B dated 29th July, 2004. There is no dispute that the school authority was permitted to engage para teacher by memo No. 260(250)/SSM/IV-30B dated 12th March, 2007 issued by the District Project Officer, Burdwan. In the said memo, the school authority was directed to observe the guideline issued by the said District Project Officer under memo dated 1/2nd July, 2004.

In the aforesaid office memo dated 1st/2nd July, 2004, the mode of selection of additional para teacher has been specifically mentioned in the clause ''9'' which is set out hereunder;

Mode of, Section:

Selection of Addl. Para teacher in an institution should be made on the basis of their Academic Qualification after computation of Marks secured in each examination and marks secured in interview. Allotment of marks for assessment is mentioned below :

Examination

Full Marks

M.P. or equivalent

10

H.S.

10

Old H.S.

20

Graduation

10

B.Ed. or Equivalent

5

Interview (Oral- 10, Demonstration-5)

15

Total :

50

So, in the aforesaid memo, it has been specifically provided that for B.Ed. or equivalent decree, 5 marks can be awarded. In the same month i.e. on 29th July, 2004, another office memo was issued by the same Officer i.e. District Project Officer, Sarva Sikshya Abijyan, Bardhaman on 29th July, 2004 in partial modification of the earlier office memo dated 2nd July, 2004 wherein the mode of selection mentioned in the clause ''9'' of the earlier memo was clarified as under:

"Direction No. 9.

As has been instructed in the previous memo total marks for assessment for the candidates will be 50. Allotment of marks will be as follows:-

Examination

Full Marks

M.P. or equivalent

10

H.S.

10

Old H.S.

20

Graduate (Hons or Pass)

10

B.Ed. or equivalent

5

Written Test

10

Class demonstration

5

Total :

50

The marks of M.P. or equivalent, of H.S. and of graduation will be computed by the percentage of marks secured in each examination. Increase of graduation if a candidate is a Hons. Graduate computation will be done on the percentage of Hons. Marks only and in case of a pass graduate the computation will be done with percentage of Pass Graduate marks. Hons. subject must be related to the subjects taught from Class V to VIII otherwise there will be no weightage for Hons. marks.

There will be no computation of percentage of marks secured in the B.T., B.Ed. or PGBT examination. Each trained candidate will get 5 marks.

(Emphasis supplied)."

In view of the subsequent clarification of the mode of selection by the subsequent memo dated 29th July, 2004, each trained candidate should get 5 marks. The District Project Officer unfortunately failed to appreciate that the memo dated 21st July, 2004 prescribing the modalities of the selection in clause ''9'' was specifically clarified by the subsequent memo issued immediately thereafter on 29th July, 2004 and, therefore, the said District Project Officer was not justified in holding that there is no provision of allowing full 5 marks for B. Ed. The said District Project Officer was not justified and had no authority to ignore the office memo dated 29th July, 2004 regarding engagement of additional para teacher in the upper primary school in the District of Burdwan which was admittedly issued in partial modification of the earlier memo dated 2nd July, 2004.

For the aforementioned reasons, we hold that in view of the office memo dated 2nd July, 2004 as partially modified by the subsequent office memo dated 29th July, 2004, full 5 marks should be awarded for B.Ed. Decree. The reasons mentioned by the District Project Officer in the memo dated 2nd January, 2008 cannot be held to be valid reasons as opined by the learned single Judge and, therefore, the said order dated 2nd January, 2008 passed by the said District Project Officer stands quashed. For the identical reasons, the order under appeal passed by the learned single Judge cannot be sustained and the same is accordingly quashed.

The concerned authority is now directed to take immediate appropriate steps regarding engagement of additional para teacher in the concerned school by immediately approving the panel in the light of our aforesaid observations regarding allotment of marks for B. Ed. Decree.

This appeal, therefore, stands allowed.

In the facts of the present case there will be, however, no order as to costs.

Urgent xerox plain copy of this order countersigned by the Assistant Registrar (Court) be given to the learned advocate of the appearing parties, on usual undertaking.