The Calcutta High Court on Tuesday directed West Bengal's Murshidabad District Primary School Council to reinstate a teacher whose appointment had been cancelled by it.

" is clear that the DPSC made a serious mistake in not following the NCTE's guideline", the Court held.

The Court noted that the discontinuation of service of Meraj Sekh was ordered on the basis of an undated guideline issued by the West Bengal Board of Primary Education and termed it as a "ghostly document" as there is no date in it.

Justice Abhijit Gangopadhyay set aside the cancellation of appointment by the DPSC in March 2022 and ordered the teacher's reinstatement.

The Court found that the guidelines of the primary education board for calculating the marks obtained by an honours graduate candidate was not in conformity with the NCTE guidelines.

Sekh's appointment had been cancelled by the DPSC on the ground that his marks were below the cut off as per the guidelines of the state primary education board.

"The petitioner should be allowed to work in the school where he was recommended with his full back salary as he could not perform his duty for the illegality committed by the DPSC and the Board," Justice Gangopadhyay directed.

Cause Title: Meraj Sekh v. The State of West Bengal & Ors.

Click here to read/download Order

With PTI inputs