Permission to file special leave petition is granted.
Delay condoned.
Leave granted.
A process for recruitment of primary school teachers begun by the District Primary School Council of the State of West Bengal in the year 2006
culminated in the year 2010. The bone of contention which arises in the present proceedings is as to whether the appellants
before us are entitled to benefit of appropriate additional marks in terms of Rule 9(2)(d) of the West Bengal Primary Teachers Recruitment Rules,
2001 (for short, the “Recruitment Rules, 2001â€). These appellants and similar situated persons obtained their primary teacher training certificates
from institutes recognised by the State Government but not by the National Council of Teacher Education (for short, the “NCTEâ€). In terms of
the impugned judgment/s, such persons have been held to be ineligible on account of there being an apparent conflict between the Central Law and
the State Law.
We have heard learned counsel for the parties at length and perused the record. We are unable to persuade ourselves to interfere with the impugned
judgment/s of the Division Bench of the High Court on a principle of law.
We are, however, conscious of the fact that the teachers who obtained the certificates from the institutes recognised by the State Government are not
to blame. They have been part of the recruitment process which began in the year 2006 and carried on for four years. Not only that, some of these
persons immediately approached the Court in the years 2009 and 2010 to assail the denial of weightage to be given to them for having obtained the
certificates and even though they succeeded in those proceedings, a second round of proceedings have been initiated on account of certain subsequent
developments.
In order to do complete justice inter se the parties, while not interfering with the impugned judgment/s passed by the High Court on a principle of law,
we consider it appropriate to exercise our power under Article 142 of the Constitution of India to issue the following directions:
(1) The primary teachers who obtained their certificates from the institutes recognised by the State Government, will also be entitled to the weightage
under Rule 9(2)(d) of the Recruitment Rules, 2001 so long as they have filed the legal proceedings in the High Court on or before 31st December,
2010. This would include such of the parties who are the original petitioners or interventionists in their individual names so long as the petitions or the
applications for intervention have been filed on or before 31st December, 2010. We make it clear that this relief will be available to only such persons
and no others.
(2) On the basis of the aforesaid additional marks, the selection process undertaken in the year 2009-10 in pursuance to what was begun in the year
2006, will be revisited and a panel for appointment of primary teachers will be again made. Such of the beneficiaries by this order which figure in the
merit list keeping in mind the posts advertised and filled up would get the benefit of appointment with all benefits flowing prospectively only.
(3) The aforesaid exercise will however not disturb the persons in any manner who have already been appointed and the preparation of the list is only
to determine such of the beneficiaries who would have been benefited if the additional marks have been granted to them.
(4) The entire exercise shall be completed and letters of appointment be issued within a maximum period of three months from today.
Order accordingly.
We clarify that if necessary supernumerary posts be created and adjusted against the future vacancies by the respondents.
At the request of learned counsel appearing for the petitioners, it is clarified that needless to say that eligibility would be determined as on the date
when the original selection was made.
Subject to the aforesaid directions, these appeals are disposed of.
No orders are necessary to be passed in the applications for intervention and impleadment.
