Mainuddin Mandal vs State Of West Bengal & Ors

Rajasekhar Mantha, J

The original affidavit-in-opposition has not been filed although a copy of the same has been filed by the petitioner and the reply has been filed thereto. Accordingly, a copy of the affidavit-in-opposition supplied by the learned Counsel for the State is taken on record.

The sum and substance of the contention of the petitioner is that in respect of the recruitment to the post of Additional Para Teachers in the Margram High Madrasah (Co-Education) in Murshidabad district, a notice was issued by the District Magistrate, Murshidabad inviting applications in the year 2004. It is stated that subsequent to issuance of notification, the subject for which the applications for inviting for the post of Additional Para Teachers was changed from English to Bengali. Pursuant thereto by a letter dated September 17, 2004, the last date of submission of Application Form was extended until October 1, 2004.

The writ petitioner would contend before this Court in terms of the guidelines for engagement of Additional Para Teachers for Upper Primary Schools/Madrasah issued by the Sarva Siksha Abhiyan, it is the Managing Committed of the Madrasah who is to decide as to the subject for which the recruitment of Additional Para Teachers is to be made.

In the instant case, the learned Counsel for the petitioner submits that the subject for which the Additional Para Teachers were going to be engaged, could not have been changed by the District Magistrate from English to Bengali without an appropriate request from the Madrasah itself.

The learned Counsel for the petitioner relies upon a decision dated April 17, 2013 passed by a Co-ordinate Bench of this Court in WP 17123 (W) of 2004 (Mofizzuddin Mandal vs. State of West Bengal & Ors.)

This Courts notes that firstly, the guidelines in question do not have the force of law and there is a presumption that the corrigendum published by the District Magistrate must have been based on the requirement of the Madrasah and not unilaterally.

Interestingly, the petitioner has not challenged the original notice issued by the District Magistrate and submits that there is a presumption that there was a requirement of the Madrasah that has to be read into such notification. It is, therefore, contradictory for the petitioner to contend that it is only the Madrasah that can stipulate the change the subject and not the District Magistrate. Even in the order passed by a Co-ordinate Bench of this Court in Mofizzuddin Mandal case (Supra), there is no bar stipulated on the District Magistrate or the District Officials who are the Recruitment Authority under the Sarva Siksha Abhiyan for stipulating the subject for recruitment of Additional Para Teachers and/or changing the same. There is, therefore, a presumption that the District Magistrate and the District Officials were guided by the Madrasah concerned. The principal argument of the petitioner is therefore to be rejected.

In any event, the recruitment process was in the year 2004. By a notification dated December 2, 2013, the Government of West Bengal has resolved that there would be no further recruitment in the Additional Para Teachers. The writ petition, even otherwise has been rendered infructuous.

In view of the aforesaid, the instant writ petition being WP 29451 (W) of 2016 fails and is hereby dismissed.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties.