SIMA DUTA Vs. STATE AND ORS.

JUDGEMENT

(1.) The subject-matter of challenge in this writ application is an order dated June 23, 1999 passed by the respondent No. 2 directing the respondent No. 3 to withdraw the approval of appointment given to the writ petitioner and to instruct the authority of Mohar Dinabandhu Kanya Vidyaytan, District Midna-pore to hold a fresh interview of the candidates as per prior permission issued by him substantially for a fresh Selection Committee and in accordance with the extant Recruitment Rules and Regulations. The backdrop of the case is as under:-

(2.) The interview took place on November 22, 1996. The panel of three selected candidates was prepared by the authority of the above school. It is pertinent to mention here that there was delay in sending the above panel to the respondent No. 3 and the same was sent to him on February 5, 1997. The respondent No. 3 approved the above panel provisionally on February 27, 1997. The letter of appointment was sent to the first empanelled candidate, the writ petitioner, by registered post with A/D. The petitioner joined in the above services with effect from February 28, 1997.

(3.) On July 21, 1997, the writ petition bearing W.P. No. 1098 (W) of 1997 (In re : Manashi Prodhan v. State of W.B. and Ors.) was disposed of with a direction upon the respondent No. 3 to consider the validity of selection process under reference. Pursuant thereto, the respondent No. 3 passed an order dated August 1, 1997 upholding the selection process under reference. By an order dated August 13, 1997, the respondent No. 3 approved the appointment of the writ petitioner provisionally.