LAKSHMI KANTA KAHAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) P.K.Chattopadhyay, J.-Petitioner herein has challenged the validity and/or legality of the panel prepared by the Selection Committee of Salipur Higher Secondary School, Haroa, 24 Parganas in respect of non-teaching Group-D post of the said School. According to the petitioner his name was sponsored by the Employment Exchange alongwith the eligible candidates. It has also been submitted by the petitioner that the name of the respondent No.5 was not sponsored by the Employment Exchange but he was allowed to appear before the Selection Committee at the interview alongwith other eligible candidates duly sponsored by the Employment Exchange. Thereafter, a panel was prepared by the Selection Committee wherein the name of the respondent No.5 was placed at the first position. It has been submitted by the petitioner that the respondent No.5 appeared at the interview pursuant to an order passed by the learned single Judge of this Court.

(2.) According to the petitioner, in view of the Special Bench Judgment of this Court reported in 1998(2) CLJ, Page 1 (Debasis Dutta v. State of West Bengal) principles laid down in the case of Excise Superintendent v. K.B.N. Visheswar Rao, reported in 1996 (6) SCC 216, do not apply in the matter of appointment of teaching and non-teaching staff in a Secondary School as recruitment of staff, both teaching and non-teaching, of a Secondary School should be made strictly in terms of the recruitment rules and no deviation therefrom is permissible.

(3.) Learned counsel for the petitioner submitted that respondent No.5 should not have been allowed to appear at the interview before the Selection Committee as his name was not sponsored by the Employment Exchange in compliance of the provisions of the Recruitment Rules. It was further submitted on behalf of the petitioner that the panel is vitiated by irregular inclusion of the name of the respondent No.5 who was, according to the petitioner, not entitled to appear even at the interview before the Selection Committee in terms of the Recruitment Rules.