DURGA CHARAN GHOSH Vs. STATE

JUDGEMENT

(1.) The present writ petitioner applied for the post of an Assistant Teacher in the concerned school pursuant to the advertisement given in the newspaper. The qualification required by the school authorities was as follows :

(2.) Interview was held and the writ petitioner was found to be the only candidate possessing the required qualification. The said fact has been admitted by the learned Advocate appearing for Managing Committee before me. Despite the fact that the writ petitioner was the only candidate who was found eligible the panel was not sent to the District Inspector of Schools concerned by the school authority on the plea that there should be at least three-man panel in accordance with the Recruitment Rules.

(3.) G.R. Bhattacharjee, J. (as His Lordship then was) disposed of the earlier writ petition filed by the present writ petitioner inter alia directing the school authority to send the panel and consequently directed the District Inspector of Schools concerned to approve the panel in accordance with law. The said order of G.R. Bhattacharjee, J. (as His Lordship then was) was appealed from by the school authority. The Division Bench after considering the facts and circumstances directed the District Inspector of Schools concerned to pass appropriate order on the basis of the panel to be sent to him by the school authority. The Division Bench categorically rejected the plea of the school authority that in the absence of all papers and available records it would not be possible for the District Inspector of Schools to approve the panel. The Division Bench in the judgment has observed as follows :