Based on one selection process initiated, one cannot claim for a post without participating in the selection process: Calcutta High Court
The prayer for rejection of the consideration report of the District Project Officer dated 23rd June 2009, could not be passed and the petitioner could be directed to be appointed as an additional para teacher for the subject Bengali in the said school, as held by the Hon’ble Calcutta High Court before the Hon’ble Justice Abhijit Gangopadhyay in the matter of Suprana (Pal) Dey vs. The State of West Bengal & Ors [W.P.A. 21447 of 2009].
The facts leading to the case related to the situation wherein the petitioner filed her case with the main prayer for setting aside the order passed by the District Project Officer on 23.06.2009 in compliance with an order passed by the Hon’ble Court. For setting aside such order, the petitioner had relied upon one panel prepared by the concerned school, namely, Bitra High School on 16th August 2004, in response to one Notification for appointment of additional para teachers dated 13th July 2004. It was found from the said Notification that there was no post for the subject Bengali. The petitioner was named in the panel for the subject Bengali. However, since there was no post in the Notification for the subject Bengali in August 2007, and her name was published in the panel according to the said Notifications of July 2004, she could not be considered for the post of Bengali as an additional para teacher.
The petitioner claimed based on a subsequent declaration of two vacancies which she found from an enquiry report. It was mentioned, therein, about two posts – one for Social Science and another for Bengali, wherein two additional para teachers were selected in 2007, and the petitioner was not there in the selection process of 2007.
The Hon’ble Court held that based on one selection process initiated in 2004, the petitioner could not claim for a post without participating in the selection process. Therefore, the Hon’ble Court strongly adhered against the petitioner’s prayer for rejection of the consideration report of the District Project Officer dated 23rd June 2009 and said that the petitioner could not be directed to be appointed as an additional para teacher for the subject Bengali in the said school. Thus, the Hon’ble Court did not find any merit in the writ application and dismissed the same.