Full Judgment Text
1
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4772 OF 2018
[@ SPECIAL LEAVE PETITION (C) NO. 3775 OF 2018]
NABA PARJAY WEST BENGAL PRIMARY
ORGANIZER TEACHERS' ASSOCIATION APPELLANT(s)
VERSUS
THE STATE OF WEST BENGAL AND ORS RESPONDENT(S)
WITH
CIVIL APPEAL NO. 4773 OF 2018
[@ SPECIAL LEAVE PETITION (C) NO. 5401 OF 2018]
WITH
CIVIL APPEAL NO. 4774 OF 2018
[@ SPECIAL LEAVE PETITION (C) NO. 5485 OF 2018]
WITH
CIVIL APPEAL NO. 4775 OF 2018
[@ SPECIAL LEAVE PETITION (C) NO. 6715 OF 2018]
WITH
CIVIL APPEAL NO. 4776 OF 2018
[@ SPECIAL LEAVE PETITION (C) NO. 11718 OF 2018]
[DIARY NO.9802 OF 2018]
WITH
CIVIL APPEAL NO. 4777 OF 2018
[@ SPECIAL LEAVE PETITION (C) NO. 11732 OF 2018]
[DIARY NO. 9979 OF 2018
WITH
CIVIL APPEAL NO. 4778 OF 2018
[@ SPECIAL LEAVE PETITION (C) NO. 11738 OF 2018]
Signature Not Verified
Digitally signed by
MAHABIR SINGH
Date: 2018.05.09
14:18:22 IST
Reason:
[DIARY NO. 9988 OF 2018]
2
J U D G M E N T
KURIAN, J.
1. Delay condoned. Leave granted.
2. The issue raised in these appeals pertains to
the claim for appointment as Primary Teachers. The
basis of the claim is that they had worked as
Organising Teachers some time in the past. The
learned counsel appearing for the West Bengal Board
of Primary Education and the State submit that in
the case of many of the claimants, except that they
belong to some organisation, no particulars
whatsoever have been furnished regarding their past
service as Organising Teachers. That apart, no
information even regarding their address, age,
educational qualification, school etc. have been
furnished.
3. Though this Court had passed several orders, we
need to refer to only three orders, namely, orders
dated 16.04.2015, 28.01.2016 and 06.10.2016.
4. The order dated 16.04.2015 reads as follows :-
“The applicants shall give the following
details along with an affidavit, with
regard to the organizer teachers who claim
right to be appointed as primary teachers
3
in pursuance of order passed by this Court
nd
dated 2 February, 2011, in SLP(C)No.15253
of 2006 and connected matter.
1. The name and address of the organizer
teacher and the date on which he became the
member of the Association concerned before
the High Court.
2. Number of the petition wherein
association was the petitioner.
3. Date of birth of the teacher concerned.
4. The school in which he worked as an
organizer teacher and the period of work.
5. The evidence to show that the said
teacher had become member of the
Association before the petition was filed
in the High Court.
The afore-stated details shall be furnished
by the learned counsel for the applicant to
the learned counsel appearing for the State
of West Bengal Board of Primary Education
within two weeks from today.
The information provided by the learned
counsel for the applicant shall be verified
by Respondent-Board and they shall file its
response within two weeks thereafter.
th
List the matters on 12 May, 2015, at 3.00
p.m. as Part-heard.”
5. The order dated 28.01.2016 reads as follows :-
“The case has peculiar facts and
circumstances.
4
nd
In pursuance of order dated 2 December,
2015, the Verification Committee has
verified the details with regard to 1257
Organizing Teachers and has come to its
final conclusion that out of 1257, 203
Organizing Teachers, who were parties in
the petitions filed before the Calcutta
High Court, are below the age of 60 years
as on today and they are also qualified to
become teachers as per Rules which were in
th
force as on 14 September, 1995. Names of
those 203 Organizing Teachers have been
given in the list at Annexure R-6 to the
Report of the Verification Committee
nd
constituted in terms of the order dated 2
December, 2015. The Report has been handed
over to us in Court today, which is taken
on record.
The said Organizing Teachers shall submit
relevant documents concerning their age and
their qualification, to the Verification
Committee within four weeks from today and
after verification thereof in presence of
the concerned Organizing Teachers, the
Verification Committee shall come to a
final conclusion with regard to veracity of
the certificates and thereafter shall
recommend the names of the qualifying
Organized Teachers to the State within four
weeks thereafter. Upon receipt of the said
list, the State shall give appointment to
the persons recommended by the Verification
Committee within four weeks from the date
of receipt of the list.
5
It has been submitted by the learned
counsel appearing for some of the
Organizing Teachers, who are not within the
list of afore-stated 203 persons, that they
are also eligible for appointment but
because of some mistake their names have
not been included in the list.
If it is so, it would be open to them to
approach the Verification Committee on or
th
before 29 February, 2016, so as to show
that they are duly qualified as other
Organizing Teachers as per Rules in force
th
as on 14 September, 1995 and they are
below the age of 60 years as on today. We
are sure that as and when such an
application is made, the Verification
Committee will look into their grievance
and take appropriate action as soon as
possible, preferably within six weeks
thereafter.
So far as other 5616 Organizing Teachers
(as per the list furnished by Mr. Amarjit
Singh Bedi, the learned counsel), who claim
to be parties before the High Court in Writ
Petition No.15632 of 1998, are concerned,
it has been submitted that all relevant
details with regard to their qualification
and age, details of which are to be
examined by the Verification Committee,
have already been given to the learned
counsel appearing for the respondent-State.
The verification details shall be put in a
6
nd
tabular form, as per order dated 2
December, 2015.
The afore-said material shall be placed
before this Court within eight weeks from
today.
th
List these matters on 7 April, 2016, at
2.00 p.m.”
6. The order dated 06.10.2016 reads as follows :-
“We have heard the learned counsel for the
parties at length. Upon hearing the
concerned counsel and upon perusal of the
relevant record and the orders passed by
this Court from time to time, we had passed
th
the following order on 28 January, 2016 :
nd
“In pursuance of order dated 2
December, 2015, the Verification
Committee has verified the
details with regard to 1257
Organizing Teachers and has come
to its final conclusion that out
of 1257, 203 Organizing
Teachers, who were parties in
the petitions filed before the
Calcutta High Court, are below
the age of 60 years as on today
and they are also qualified to
become teachers as per Rules
th
which were in force as on 14
September, 1995. Names of those
203 Organizing Teachers have
been given in the list at
Annexure R-6 to the Report of
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the Verification Committee
constituted in terms of the
nd
order dated 2 December, 2015.
The Report has been handed over
to us in Court today, which is
taken on record.
The said Organizing Teachers
shall submit relevant documents
concerning their age and their
qualification, to the
Verification Committee within
four weeks from today and after
verification thereof in presence
of the concerned Organizing
Teachers, the Verification
Committee shall come to a final
conclusion with regard to
veracity of the certificates and
thereafter shall recommend the
names of the qualifying
Organized Teachers to the State
within four weeks thereafter.
Upon receipt of the said list,
the State shall give appointment
to the persons recommended by
the Verification Committee
within four weeks from the date
of receipt of the list.”
We direct that the 173 candidates, as
referred to in our order dated 28.1.2016
passed in I.A.Nos.2 & 3 of 2015 in
I.A.No.13/2013 in SLP(C) No.15253/2006,
shall be appointed as Primary Teachers with
effect from 1.10.2016 and their appointment
8
st
letters shall be given to them before 31
October, 2016.
In our order dated 28.1.2016, we had
observed that:
“It has been submitted by the
learned counsel appearing for
some of the Organizing Teachers,
who are not within the list of
afore-stated 203 persons, that
they are also eligible for
appointment but because of some
mistake their names have not
been included in the list.
If it is so, it would be open to
them to approach the
Verification Committee on or
th
before 29 February, 2016, so as
to show that they are duly
qualified as other Organizing
Teachers as per Rules in force
th
as on 14 September, 1995 and
they are below the age of 60
years as on today. We are sure
that as and when such an
application is made, the
Verification Committee will look
into their grievance and take
appropriate action as soon as
possible, preferably within six
weeks thereafter.
So far as other 5616 Organizing
Teachers (as per the list
9
furnished by Mr. Amarjit Singh
Bedi, the learned counsel), who
claim to be parties before the
High Court in Writ Petition
No.15632 of 1998, are concerned,
it has been submitted that all
relevant details with regard to
their qualification and age,
details of which are to be
examined by the Verification
Committee, have already been
given to the learned counsel
appearing for the respondent-
State. The verification details
shall be put in a tabular form,
nd
as per order dated 2 December,
2015.”
As far as the aforesaid observations are
concerned, the details, which must have
been prepared by the Verification
Committee, shall be placed in a tabular
form and shall be placed before the
Calcutta High Court. We are sure the High
Court shall look into the same and pass an
appropriate order in pursuance of the
directions given as afore-stated as well as
other orders passed by this Court.
If the afore-stated exercise has not been
done so far, the same shall be finished as
st
soon as possible, preferably before 31
October, 2016. If any matter with regard to
similar petition on the subject matter of
this litigation is pending before the High
Court, it would be open to the High Court
10
to decide the same in accordance with law
on its merits and after taking into account
all the orders passed by this Court from
time to time. We are sure that the High
Court will look into such matter/matters
and dispose of the same as soon as
st
possible, preferably before 31 January,
2017.
All pending matters on the subject with
this Court shall be transmitted to the High
Court as soon as possible along with copies
of all orders passed so that the High Court
can do the needful.
We request the Hon’ble Chief Justice of the
Calcutta High Court to place all these
matters before a Division Bench so that a
final decision can be taken by the High
Court and further time, with regard to
filing of appeal/appeals can be avoided.
All the applications are disposed of as
they have been transmitted to the Calcutta
High Court and the contempt petition stands
discharged.
We clarify that this order has been passed
in the peculiar facts of these matters,
therefore, this order shall not be treated
as a precedent.”
7. It is the case of the appellants that despite
the directions issued by this Court, no verification
whatsoever has been conducted in their cases.
However, it is the stand of the Board and the State
11
that no information whatsoever had been furnished so
as to enable the Committee to verify the records.
8. Having heard the learned counsel appearing for
the appellants and the learned counsel appearing for
the Board and the State of West Bengal, we are of
the view that there is no point in continuing the
litigations before this Court. The only dispute is
with regard to verification. In view of the serious
dispute on verification, we are of the view that the
remaining grievance regarding verification should be
independently looked into by an appropriate
authority. We direct the Secretary to the West
Bengal State Legal Services Authority to verify the
remaining grievance of the appellants herein and the
intervenors/impleading applicants as on 25.04.2018.
It will be open to him to adopt any method for the
verification.
9. The Secretary to the West Bengal Legal Services
Authority, after notice to the West Bengal Board of
Primary Education, will complete the verification
process in respect of the appellants and the
intervenors/impleading applicants before this Court
as on 25.04.2018 and submit a report to the
Secretary to the Government, Education Department.
12
This process shall be completed within four months
from today. The Secretary to Government will take
the required action for appointment, if any, within
another one month.
10. No Court shall entertain any further challenge
on the report thus submitted by the Secretary to the
West Bengal Legal Service Authority and there shall
be no further dispute in this regard. The Secretary
is also directed not to entertain any fresh
applications or fresh record. We direct the
Registry of this Court to forward the records as on
25.04.2018 to the Secretary to the West Bengal Legal
Services Authority within ten days from today.
11. If any candidates have been duped by anybody, it
is for them to take recourse to appropriate legal
remedies.
12. In view of the above, these appeals are disposed
of.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ MOHAN M. SHANTANAGOUDAR ]
New Delhi;
May 03, 2018.
13
ITEM NO.4 COURT NO.5 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 3775/2018
(Arising out of impugned final judgment and order dated 08-12-2017
in CAN No. 12020/2016 passed by the High Court At Calcutta)
NABA PARJAY WEST BENGAL PRIMARY
ORGANIZER TEACHERS' ASSOCIATION Appellant (s)
VERSUS
THE STATE OF WEST BENGAL AND ORS Respondent(s)
(FOR ADMISSION and I.R. and IA No.17899/2018-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT and IA No.21816/2018-PERMISSION TO
FILE ADDITIONAL DOCUMENTS)
WITH
SLP(C) No. 6715/2018 (XVI)
(FOR ADMISSION and I.R. and IA No.36388/2018-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT and IA No.36390/2018-PERMISSION TO
FILE LENGTHY LIST OF DATES)
SLP(C) No. 5485/2018 (XVI)
(FOR ADMISSION and I.R. and IA No.27799/2018-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT and IA No.28799/2018-PERMISSION TO
FILE ADDITIONAL DOCUMENTS)
SLP(C) No. 5401/2018 (XVI)
(FOR ADMISSION and I.R. and IA No.27320/2018-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT)
Diary No(s). 9802/2018 (XVI)
(FOR ADMISSION and I.R. and IA No.50513/2018-CONDONATION OF DELAY
IN FILING and IA No.50515/2018-EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT and IA No.50512/2018-PERMISSION TO FILE SLP/TP)
Diary No(s). 9988/2018 (XVI)
Diary No(s). 9979/2018 (XVI)
(FOR ADMISSION and I.R. and IA No.48605/2018-CONDONATION OF DELAY
IN FILING and IA No.48606/2018-EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT)
Date : 03-05-2018 These matters were called on for hearing today.
14
CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
For Petitioner(s) Mr. A. K. Ganguly, Sr. Adv.
Mr. D. K. Mishra, Adv.
Mr. Anindo Mukherjee, Adv.
Mr. Anip Sachthey, Adv.
Ms. Narmada, Adv.
Mr. Chanchal Kumar Ganguly, Adv.
Ms. Nishika Tyagi, Adv.
Mr. Santi Ranjan Das, Adv.
Mrs. Sarla Chandra, AOR
Mr. Jaideep Gupta, Sr. Adv.
Mr. Kunal Chatterjee, Adv.
Ms. Maitrayee Banerjee, Adv.
Mr. Saurav Gupta, Adv.
Mr. Asoke Kumar Banerjee, Sr. Adv.
Ms. Nandini Sen Mukherjee, AOR
Ms. Madhumita Bhattacharjee, AOR
Mr. Soumik Ghosal, AOR
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeals are disposed of in terms of the signed
non-reportable Judgment.
Pending Interlocutory Applications, if any, stand disposed of.
(JAYANT KUMAR ARORA) (RENU DIWAN)
COURT MASTER ASSISTANT REGISTRAR
(Signed non-reportable Judgment is placed on the file)