HC cancels stay on teachers’ appointment
Chief justice Arun Mishra & justice Joymalya Bagchi shot down the single judge’s order restraining the SSCkolkata Updated: Feb 22, 2013 12:49 IST
On Thursday the Appeals Bench of Calcutta High Court cleared the way for the state government to proceed with the appointment of about 46,000 assistant teachers through the state School Service Commission (SSC).
Chief Justice Arun Mishra and Justice Joymalya Bagchi shot down the single judge’s order that had restrained SSC from proceeding with the selection process without the leave of the court and also directed it to constitute an expert committee to examine the model answers for teachers eligibility test (TET) conducted by it on July 29, 2012.
Allowing the SSC appeal moved by the newly appointed state Advocate General, Bimal Chatterjee, the judges said that the single judge had passed the interim order without giving any reason.
The judges took exception of the increasing practice of the single judges to pass final verdict by way of interim order without considering the matter on merits and giving any reason in such matters of public importance.
“An expert committee may be set up to examine the model answers only if the court finds that the answers were absurd, but there was no such finding in the single judge’s order,” the AG said.
The AG also told the court that the SSC experts again examined the model answers and found the same to be absolutely correct.
Chandrani Bhattacharya, an unsuccessful candidate, had filed a petition before the single judge, challenging the irregularities in the model answers for TET after its result was published on December 2, 2012.
It was alleged that some multiple-choice answers were wholly wrong or more than one answers were correct and some questions were out of syllabus, which resulted in confusion and less pass percentage of the candidates.
Based on the candidate’s apprehension, the single judge ordered SSC to set up an expert committee to examine the model answers and submit report by February 25. The judge also restrained the SSC from proceeding with the selection process without the permission of the court.
Challenging this, the SSC filed the appeal, which was supported by the state through its advocate Subrata Talukdar.