RABI PRASAD MANDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this Writ Petition, the Petitioner prays for the issuance of an appropriate writ or a writ of or in the nature of a writ of Mandamus commanding upon the Respondents to change his Teaching Group from Language to Social Science (History) in the Asanda Siksha Niketan , P.O. Lalnagar, Dist. Paschim Medinipur.

(2.) In CAN No. 8028 of 2008, the Petitioner has prayed for an interim Order restraining the Respondents (Regional School Service Commission) Western Region, from recommending the name of any candidate for appointment on the vacant post of Assistant Teacher in History in the above mentioned school with a further direction upon the school not to take any steps by way of issuing any appointment letter to any candidate for the post of Assistant Teacher in History (Social Science Group) till disposal of the Writ Petition.

(3.) The above Application being CAN No. 8028 of 2008 was taken up on 19.9.2008 by one of us and after hearing, an Order was passed that there shall be an interim Order restraining the Respondent authorities from giving any appointment to the post of Assistant Teacher in the Social Science Group (History) in the said school for a period till 15.12.2008 or until further Order whichever is earlier. Opposition etc. were ordered to be filed and the Application was directed to be listed for hearing two weeks after the Puja Vacation. On 11.12.2008, this Court passed an Order that instead of taking up the matter piecemeal, the main Writ Petition itself be decided as Affidavits filed on behalf of the Respondent Nos. 1 to 4 as well as reply thereto which had also been filed. The matter was then Ordered to be listed on 17th December, 2008 and the interim Order was directed to continue in the meantime. Thereafter, the matter taken up on various dates and lastly, on 17.12.2009 when the case was heard finally and judgment reserved. In the meantime, another Application being CAN No. 10149 of 2008 for vacating the Order dated 19.9.2008 was filed but since no Order appears to have been passed on that Application till now, the same is being dealt with the along with the main Writ Petition as well along with the other CAN No. 8028 of 2008.