1. This appeal has been preferred against the order dated 19th April, 2010 passed by the learned Single Judge in WP 21512(W) of 2009 (Abdul Halim v. State of West Bengal), whereby the writ petition was allowed. The relevant portion of the said order is as under:
“Statement of marks dated May 9, 2008, Annexure P-4 at p. 37, issued by the Controller of Examinations of the University of Delhi clearly shows that the petitioner doing the certificate course in Bengali language at the University took the examination held in 2008 and passed it obtaining 155 out of 300 full marks.
It is evident from the impugned decision that the commission gave it canceling the petitioner's selection overlooking the last clause of the terms and conditions mentioned in para 2 of the advertisement dated August 26, 2008. In view of the last clause - reading: “must have succeeded at any subsequent higher level of education in that language paper”- the petitioner, having passed the certificate course in Bengali language from the University of Delhi, in my opinion, is justified in contending that the commission has wrongfully cancelled his selection for the post of Assistant Teacher of Arabic (Pass) in Jiaruddintola High School in Bilaimari of the district Malda.
For these reasons, I allow the petition, set aside the impugned decision and issue a mandamus commanding the West Bengal School Service Commission, Northern Region, Malda to recommend the petitioner to Jiaruddintola High School for appointment therein as an Assistant Teacher of Arabic (Pass), within a week from the date of communication of this order and the school authority to offer the petitioner appointment within a week from the date of receipt of the recommendation.”
2. Mr. Abhijit Gangopadhyay, learned advocate appearing on behalf of the appellants submits that the certificate course obtained by the petitioner in Bengali from the University of Delhi is not a course which has been contemplated in Rule 5(c) of the West Bengal School Service Commission (Selection of Persons for Appointment to the Post of Teachers) Rules, 2007.
3. Mr. Prahlad Chandra Ghosh, learned advocate appearing along with Mr. Subir Hazra, learned advocate for the respondent no. 1.writ petitioner submits that since the certificate course in Bengali conducted by the University of Delhi is a course, as contemplated in Rule 5(c), the order impugned is just and proper.
4. Heard learned advocates for the parties.
5. There is no dispute that the petitioner does not come under Rule 5(a) and 5(b) of the Rules, 2007. The question is whether he comes under Rule 5(c). Since Rules do not specifically state that the certificate course is not a course which is subsequent to higher level of education and the respondent no. 1.writ petitioner fulfilled the parameters of Rule 5(c), the learned Single Judge was justified in passing the order impugned. Therefore, the application for stay is dismissed. The appeal is treated as on day's list and is also dismissed.
6. In view of the order passed, the West Bengal Regional School Service Commission, Northern Region, Malda, the appellant no. 2 is directed to recommend the respondent no. 1.writ petitioner to Jairuddintola High School for appointment therein as an Assistant Teacher of Arabic (Pass) in Bengali within a fortnight from the date of presentation of a copy of the certified copy of this order and the Managing Committee of Jairuiddintola High School and the Secretary and the Headmaster of the said Institution shall issue appointment letter to the respondent no. 1.writ petitioner within a week thereafter.
7. No order as to costs.