NAWAL KISHOR SINGH Vs. SANJIB GUPTA

JUDGEMENT

(1.) Having regard to the nature of the facts involved, by consent of the parties the appeal is treated as on day's list and is taken up for hearing along with the application for stay of operation of the order dated 22nd March, 1999 passed by the learned single Judge in C.O. No. 3517(W) of 1996.

(2.) The said writ application was filed by Shri Sanjib Gupta, the respondent No.1 in this appeal, challenging the Office Memorandum dated 12th February 1996 issued by the District Inspector of Schools (S.E.), 24-Parganas (North), approving the second panel prepared by the authorities of the Barrackpore Wesley Hindustani High School, hereinafter referred to as the "said school", pursuant to the directions given by the District Inspector of Schools.

(3.) According to the writ petitioner respondent No.1 on a Newspaper publication dated 15th April, 1986, made by the said school inviting applications for selection to the post of second clerk, the petitioner applied for filling up the said post. Thereafter, the petitioner was called for an interview on 24th January, 1987, along with other candidates and after the selection process a panel of three candidates was prepared for filling up the said post. The said panel was forwarded by the school authorities to the District Inspector of Schools for his approval. According to the petitioner, nothing further was heard by him until after about ten months when on 26th November, 1987, the writ petitioner respondent received a letter from the Secretary of the said school requiring him to appear for a second interview to be held on 12th December, 1987. It seems that the interview did not take place on that date but was postponed till 10th January, 1988. Upon making inquiries the writ petitioner respondent came to learn that without approving the first panel the District Inspector of Schools without assigning any reason had asked the school authorities by his letter dated 19th November, 1987, to conduct a second interview for the purposes of preparing a fresh panel out of the candidates who had earlier appeared for the interview.