NANI GOPAL BARMAN Vs. BIMAL KUMAR SETH

JUDGEMENT

(1.) This appeal is arising out of judgment and order dated 12th Jan., 2000 passed by a Single Bench of this Court in W.P. No. 770(W) of 1999, under the writ petition, the petitioner, in effect, challenged the appointment of Respondent No. 18 in the post of peon (class IV staff) in the concerned school amongst others. While making such prayer or prayers, the writ petitioner made various grievances against the selection process of the Selection Committee making all the appropriate persons individual parties thereunder.

(2.) Although the writ petition was made challenging the selection process of the Selection Committee and the scope of entering into the arena is very limited as prescribed by the Supreme Court and the High Courts time and again, but the Single Bench of this Court had gone into the matter extensively upon calling affidavits from the respondents and passed an order virtually on the basis of affidavits evidence. The operative part of the order of the Learned Trial Judge is as follows :

(3.) The case of the appellant hereunder is that a Selection Committee was duly formed for the purpose of taking interview. The appellant's name was forwarded by following the prescribed rules. After taking the interview the members of the Selection Committee prepared score-sheets giving respective marks as per their choice. Ultimately, a final score-sheet was prepared. Under the said score-sheet the appellant obtained first position, the writ petitioner-respondent obtained the second position and one Sri Sadhan Chandra Pal obtained the third position. Such final score-sheet was also signed by the members of the Selection Committee. The Selection Committee produced the panel of the three selected candidates to the Managing Committee of the School who, in turn, referred the panel to the concerned District Inspector of Schools. The concerned District Inspector of Schools, in turn, approved the panel. The appointment letter was issued to the appellant whereupon he joined in the service. This writ petition is made challenging the selection process even after joining in service of the appellant in the said school.