NAZRUL ISLAM Vs. HOOGHLY DISTRICT PRIMARY SCHOOL COUNCIL
LAWS(CAL)-2011-12-11
HIGH COURT OF CALCUTTA
Decided on December 01,2011

SK. NAZRUL ISLAM Appellant
VERSUS
HOOGHLY DISTRICT PRIMARY SCHOOL COUNCIL Respondents

JUDGEMENT

- (1.)THIS is an application for restoration of the writ petition, which was dismissed for default on 19th July 2011. The cause for non appearance is narrated in paragraph 10 of the application which is found to be satisfactory. The order dated 19th July 2011 is hereby recalled. The restoration application, being CAN 8051 of 2011, is allowed.
(2.)THE writ petition is restored to its original file and number. THE petitioners have challenged the action of the respondent authorities in not issuing admit cards even after submission of bio data/testimonials. By order dated 18th December 2009, passed by this Court, the respondent authorities were directed to issue the admit cards if the petitioners are found eligible and come within the zone of consideration in the ratio of 1:5.
According to the respondents, the petitioners could not secure the lowest cut off marks so as to come within the zone of consideration in 1:5 ratio. Such fact is disclosed by the respondent authorities in the supplementary affidavit filed by them in this regard.

This Court, on 10th June 2011, found that the lowest cut off marks, fixed by the Selection Committee for each category, could not be secured by the petitioners. If the petitioners are not found eligible, in terms of the statutory rules to be brought within the zone of consideration, they cannot claim their right to be appointed to the post for which they were not found eligible.

(3.)THUS, I no not find any merit in the instant writ petition. The same is hereby dismissed. However, there will be no order as to costs.


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