Saheb Murmu vs State Of West Bengal & Ors

Rajasekhar Mantha, J

It is submitted that the writ petitioner was the second empanelled candidate in the process of recruitment of Para Teachers in the District of Paschim

Medinipore.

The first empanelled candidate was engaged in 2012. Subsequently, in the year, 2017, pursuant to the R.T.I. application, it transpired that the Higher

Secondary Qualification certificate of the respondent No. 15 who was the first person in the Panel, was forged and fictitious.

The replies to the R.T.I. application came from the Headmaster of the Hijli High School, Paschim Medinipur as also from the West Bengal Council of

Rabindra Open Schooling.

Ex facie it appears to this court that the appointment and engagement of the respondent No. 15 was based forged and fictitious document. Such

appointment is, therefore, void ab initio and is disclosed as such.

The Project Director, Paschim Medinipore S.S.M. shall take a note of the same and take consequential steps in this regard.

The second limb of the petitioner’s submission that he was the second empanelled candidate, he would automatically become eligible to the Post in

question, would be a hit by the principles of delay and latches. The engagement was in the year 2012. The petitioner embarked on an enquiry in the

year 2017 and filed the instant proceeding in the year 2019.

Subject to any Circular and/or a ban that has taken effect against the engagement of Para Teachers subject to availability any of the Para Teacher in

the School concerned, the District Project Director, Paschim Medinipore S.S.M. shall consider the case of the petitioner for purely temporary

engagement, till such time, any alternative measure is adopted to fill the vacancies that still arise pursuant to the disengagement of respondent No. 15.

It is further made clear that the above order shall not create any equities or rights in favour of the petitioner and shall be at the discretion of the

District Project Director, Paschim Medinipore S.S.M. to the exercise in accordance with applicable rules thereunder.

The petitioner shall communicate a copy of this order to the District Project Director, Paschim Medinipore S.S.M. immediately and a decision may be

taken by the State Project Director accordingly on the petitioner’s claim strictly in accordance with law and applicable rules and statute in this

regard.

With the above observations, the instant writ petition is disposed of without any order as to costs.

Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary

formalities.