BHASKAR RANJAN GHOSH Vs. KAMAL SEN AND OTHERS

JUDGEMENT

(1.) This appeal has been filed along with an application under section 5 of the Limitation Act for condonation of delay in filing the appeal (CAN No. 768 of 2000) and an application for leave to appeal (CAN No. 1054 of 2000) since the appellant had not been made a party in the writ application which was disposed of on 7th April, 1998, by the order under appeal.

(2.) Since the delay in filing appeal is about two years we decided to hear the learned advocates on the merits of the appeal first before taking up the application for leave to appeal and for condonation of delay in filing the appeal.

(3.) On behalf of the appellant it was sought to be urged that since according to the procedure prescribed for recruitment of teaching and non-teaching staff of secondary schools as contained in the recruitment procedure issued by the Director of School Education, Government of West Bengal, vide Memo No. 2816(17) G.A., dated 4th Dec., 1989, it was only those candidates whose names were sponsored by the concerned Employment Exchange who could be considered for filling up the vacancy for which prior permission had been given by the District Inspector of Schools. It was submitted that since the name of the writ petitioner had not been sponsored by the Employment Exchange, he could not be considered for appointment in the vacant post and the learned Single Judge erred in directing that in future if the school wanted to fill up any vacancy in the class IV group it should also consider the writ petitioner's case for the said post.