CHINTA SANTRA (POREL) Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 28 June, 1999 passed by a learned Single Judge of this Court whereby and whereunder the writ-petition filed by the appellant herein was disposed of with a direction upon the Director of School Education to consider the representation as contained in Annexure 'A' to the writ application within the time frame mentioned therein and further directed that the appointment would abide by the result of the said order, The Director of School Education was also directed to consider the judgment dated 23rd March, 1999 passed in M.A.T. 1198/98 (Muktipada Maity Vs. State of West Bengal and others) since reported in 1999 W.B.L.R. 252 (Cal.). The basic fact of the matter is not in dispute.

(2.) The respondent No. 10 herein filed a writ application before this Court which was numbered as W.P. 1583(W) of 1997, inter alia, contending that although her name was duly registered in the local Employment Exchange in the year 1991, her name was not sponsored by the employment exchange when a vacancy was notified for the purpose of Class IV staff in Goghat Bhagabati Balika Vidyalaya. A learned single judge of this Court by an order dated 8.8.1997 directed the School authority to allow the said respondent to appear at the interview. Pursuant to the said order, the respondent No. 10 appeared at the interview and was empanelled. Pursuant to such empanelment, allegedly she had been given appointment as Group 'D' staff by the school authorities. The writ-petitioner-appellant, inter alia, had questioned the said appointment on two grounds, viz. (a) the certificate filed by the respondent No. 10 was a forged one, and (b) her name having not been sponsored in terms of the directions issued by the Director of School Education in exercise of his power conferred upon him under Clauses (i) and (ii) of Sub-Rule (1) and Clause (i) of Sub-rule (4) of Rule 28 of the Rules for Management of Recognised Non- Government Institutions (Aided and Unaided), 1969 (hereinafter referred to as "the Recruitment Rules").

(3.) The learned trial Judge upon hearing the learned counsel for the parties passed the aforementioned order.