NDLI: West Bengal Central School Service Commission & Ors.v. Abdul Halim & Ors. Vs. Abdul Halim & Ors

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	r.5 not studied bengali West Bengal School Service Commission rules 2007 applications for the posts of Assistant Teacher
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	West Bengal School Service Commission Act, 1997 (4 of 1997)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	West Bengal School Service Commission (Selection of Persons for Appointment to the Post of Teachers) Rules, 2007 – r.5 – West Bengal School Service Commission Act, 1997 – Clause (d) of Sub- section (2) r/w. Sub-section (1) of s.17 – The West Bengal Central School Service Commission invited applications for the posts of Assistant Teacher – Pursuant thereto, respondent No.1 applied for the post of Assistant Teacher of Arabic in a Bengali medium school in the format prescribed – Respondent No.1 was declared successful in the written test – After counselling, his recommendation/ empanelment and his selection was cancelled on the ground that he opted for a Bengali medium school though he did not have Bengali as a subject either at the Secondary or at the Higher Secondary or at the graduation level – Writ petition – Single Judge of the High Court held that respondent No. 1 had successfully completed the certificate course in Bengali and Commission had wrongfully cancelled his selection for the post of Assistant Teacher of Arabic in the school – Aggrieved, appellants filed appeal before the Division Bench of High Court, which was dismissed – On appeal, held: The documents annexed by the respondent No.1 revealed that the course was of elementary level – Also, respondent No.1 did not produce any document or certificate certifying that his certificate course in Bengali was of a standard equivalent to Bengali language at the post Higher Secondary level – In this case, it is not in dispute that the respondent No.1 who had been educated outside the State of West Bengal, did not have Bengali as a subject at the Secondary, Higher Secondary, graduation or post graduation level – The interpretation of the last Clause of Paragraph 2 of the advertisement and/or r.5 (c) of the Rules, which reads “must have succeeded in higher level of education in that language paper” by 1089 C D E F Gthe authorities as success in the language paper at the graduation level or the post graduation level, or alternatively an examination in the language paper of a level which is equivalent to the level of the language as taught in the graduation level and not any part time course conducted by a University is a plausible if not possible interpretation which ought not to have been interfered with by the Writ Court.
Judge	Hon'ble Ms. Justice Indira Banerjee
Neutral Citation	2019 INSC 807
Petitioner	West Bengal Central School Service Commission & Ors.v. Abdul Halim & Ors.
Respondent	Abdul Halim & Ors
SCR	[2019] 9 S.C.R. 1089
Judgement Date	2019-07-24
Case Number	5824

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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West Bengal Central School Service Commission & Ors.v. Abdul Halim & Ors. Vs. Abdul Halim & Ors

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West Bengal Central School Service Commission & Ors.v. Abdul Halim & Ors. Vs. Abdul Halim & Ors

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