MAHADEV BANERJEE Vs. STATE OF WEST BENGAL
LAWS(CAL)-2011-9-56
HIGH COURT OF CALCUTTA
Decided on September 16,2011

Mahadev Banerjee Appellant
VERSUS
STATE OF WEST BENGAL Respondents


Referred Judgements :-

STATE OF BIHAR VS. KALIKA KUER alias KALIKA SINGH [REFERRED TO]


JUDGEMENT

HARISH TANDON, J. - (1.)The principal grievance of the petitioner in this writ petition is that the authorities concerned have rejected his candidature to the post of an assistant teacher in primary school by treating the same under the unreserved category.
(2.)Briefly stated the facts are that the father of the petitioner owned certain lands which were subsequently acquired by the Land Acquisition Collector, Bankura for the purpose of Kangshabati Project. The petitioner claims that he should be considered under he exempted category being the land losers in terms of the government notification being memo no. 197-Edn.(p) dated 7.4.1979. Initially the petitioner was not called to participate in the selection process under any category. Thereafter the petitioner made several representations for being considered under the exempted category as land losers which were kept under suspended animation by the authorities concerned. The petitioner moved a wit petition being WP no. 13070(w) of 2001 before this court which was disposed of on 5.9.2001 with the following directions : hence I have hold that the claim of the writ petitioner is justified. In such event I direct the Chairman, Primary School Council, Bankura to allow the writ petitioner to participate at the interview provided he is satisfied that the writ petitioner has lost his land in Kangshabati Project. Pursuant to the said order the petitioner was allowed to appear in the interview but not under the exempted category but under the unreserved category.
(3.)In this writ petition it is the grievance of the petitioner that the authorities should have considered his candidature under the exempted category as he is a land loser under the Kangshabati Project. In affidavit in opposition it is categorically stated that the land owned by the father of the petitioner was acquired in the year 1965-67 for Kangshabati Project. It is thereafter stated that in view of the notification no. 197-Edn.(p) dated 7.2.1979 and a notification dated 14.10.1980 the petitioner is not entitled to be considered in the category of land loser. However, the Secretary of the District Primary School Council, Bankura took a stand that the petitioner is not a land loser under the Kangshabati Project as no document in support thereof has been produced by the petitioner. A shelter is taken under the memorandum dated 14.10.1980 where it has laid down that the candidates hailing from the family who have been uprooted from their place of residence or have lost the source of income due to loss of agricultural land which been acquired by the state government on or after 17.10.1977 for the development project shall be given an appointment by the District Primary School Council. Thus it is tried to be contended that the petitioner being not the land loser on or after 17.10.1977 cannot be considered under the exempted category.


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