TaxTMI 
TaxTMI 
2019 (9) TMI 826
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....the Respondent No.1 for the post of Assistant Teacher in Arabic (Pass) in Jiaruddintola High School, a Bengali medium school in District Malda in West Bengal, hereinafter referred to as "School". 4. The West Bengal Central School Service Commission issued an advertisement No.01/AT/08 dated 26.8.2008 inter alia in the issue of the Bengali daily "Aajkaal" published on 27.8.2008, inviting applications for the posts of Assistant Teacher as specified in the said advertisement. 5. It appears that there were vacancies inter alia in the posts of two categories of teachers, that is, the pass category for which the essential minimum educational qualification was Bachelor's Degree in the Pass course from any UGC recognized university having the concerned subject as a combination subject of at least 300 marks at the degree level or 200 marks in the old 2-year Degree course, and the Honours/Post Graduate category for which the essential minimum qualification was Bachelor's Degree with Hons. or alternatively Master's Degree in the concerned subject from any UGC recognized university. For both the above categories qualification in Teachers' Training such as B.T, B.Ed, P.G.B.T etc. was desir....
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.... at the graduation or post graduation level. 8. It is the case of the Respondent No.1 that he had successfully completed a one year Certificate Course in Bengali conducted by the University of Delhi, Department of Modern Indian Languages and Literary Studies. The syllabus for the said Certificate Course, which was a part time course comprised of:- 1. Paper -I : Grammar and Translation 100 Marks 2. Paper -II : Composition and History of Literature 100 Marks 3. Paper III : Oral (Reading, Writing and Conversation) 100 Marks 9. The break up of marks in the three papers is as follows:- Paper - I : Grammar and Translation 100 Marks (a) Elementary Grammar 50 Marks (b) Translation from English to Language concerned 25 Marks (c) Translation from the Language concerned to English 25 Marks Paper - II: Composition and History of Literature 100 Marks 1) Paragraph writing 15 Marks 2) Story writing 15 Marks 3) Letter writing 15 Marks 4) Comprehension 25 Marks 5) History of Literature 30 Marks Paper- III: Oral Reading, Writing and Conversation 100 ....
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.... awaiting appointment letter, he received an impugned communication cancelling his recommendation/empanelment and his selection to the School on the ground that he had opted for a Bengali medium school though he did not have Bengali as a subject either at the Secondary or the Higher Secondary or the graduation level. 16. The Respondent No.1 filed Writ Petition No.2151(W) of 2009 in Calcutta High court, challenging the impugned communication on the ground that he was eligible for the post, since he had successfully completed the Certificate Course in Bengali from the Delhi University. 17. When the writ petition was taken up for hearing, no one appeared on behalf of the Appellants. Nor had any affidavit in opposition been filed on behalf of the Appellant. The learned Single Judge allowed the writ petition ex parte observing that the case of the Respondent No.1 in Paragraphs 15 and 16 of the writ petition remained uncontroverted. 18. The Single Judge held that the Statement of Marks dated 9.5.2008, issued by the University of Delhi, showed that the Respondent No.1 had successfully completed the Certificate Course in Bengali, obtaining 155 out of 300 Marks, and further proceed....
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.... Certificate Course conducted by the Department of Modern Indian Languages and Literary Studies of the University of Delhi was of a level higher than the level of Bengali taught at the Higher Secondary level of the West Bengal Council of Higher Secondary Education or any equivalent Board. 24. A part time Certificate Course in a language, conducted by a University for graduates, is not necessarily of a level higher than the Higher Secondary level of the West Bengal Council of Higher Education or equivalent Board or for that matter, higher than the Secondary level of the West Bengal Board of Secondary Education or an equivalent Board 25. A Certificate Course could very well be a basic course for graduates who are beginners in the language. The syllabus for the Certificate Course in Bengali shows that out of three papers of 100 marks each, in which candidates are tested there is one Oral Paper of 100 marks for 'Reading' 'Writing' and 'Conversation', which are generally tested at the primary or at best the middle school level. Moreover the Certificate Course is not meant for candidates who have studied Bengali earlier. 26. The reasoning of the Division Bench that the Single Be....
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..... Mallikarjuna reported in AIR 1960 SC 137. If the provision of a statutory rule is reasonably capable of two or more constructions and one construction has been adopted, the decision would not be open to interference by the writ Court. It is only an obvious misinterpretation of a relevant statutory provision, or ignorance or disregard thereof, or a decision founded on reasons which are clearly wrong in law, which can be corrected by the writ Court by issuance of writ of Certiorari. 31. The sweep of power under Article 226 may be wide enough to quash unreasonable orders. If a decision is so arbitrary and capricious that no reasonable person could have ever arrived at it, the same is liable to be struck down by a writ Court. If the decision cannot rationally be supported by the materials on record, the same may be regarded as perverse. 32. However, the power of the Court to examine the reasonableness of an order of the authorities does not enable the Court to look into the sufficiency of the grounds in support of a decision to examine the merits of the decision, sitting as if in appeal over the decision. The test is not what the Court considers reasonable or unreasonable but a....