LAWS(CAL)-2010-8-38

MOTIN SAIKH Vs. STATE OF WEST BENGAL

Decided On August 19, 2010
MOTIN SAIKH Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The Judgment of the Court was delivered by This Mandamus-Appeal is at the instance of an unsuccesful writ-petitioner and is directed against an order dated 19th August, 2009 passed by a learned single Judge of this Court by which His Lordship dismissed the writ-application filed by the appellant with further direction that the West Bengal School Service Commission (Selection of Persons for Appointment to the Post of Non-Teaching Staff) Rules, 2009 having come into force with effect from 8th July, 2009, the process of selection in question should now be entrusted to the Regional School Service Commission having jurisdiction over the matter. The District Inspector of School, consequently, was, directed to report the vacancy to the Regional School Service Commission concerned for filling up the vacancy in accordance with law.

(2.) Being dissatisfied, the writ-petitioner has come up with the present Mandamus-Appeal.

(3.) The writ-petitioner and the respondent No.6 were the contenders for an appointment to the post of Group-C staff in Pathardanga Sarbapalli High School (hereinafter referred to as the school). An interview was conducted on 14th November, 2008 wherein both of them along with others participated. A panel was prepared by the selection committee in which the writ-petitioner secured the first position while the respondent No.6 secured the third position. The managing committee of the school accepted the said panel and the same was forwarded to the office of the District Inspector of Schools (S.E.), Burdwan. The District Inspector of Schools approved the panel on the very same date, namely, 17th November, 2008. Pursuant thereof, the school issued the offer of appointment in favour of the writ-petitioner and he joined service on 19th November, 2008. The District Inspector of Schools also approved his service on 7th December, 2008.