BISWANATH DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) - This writ application has been filed by a candidate Biswanath Das for the post of Clerk of Taherpur Girls High School praying for necessary writ and/or direction from this Court directing the authorities to give effect of the panel as approved on 28th March 1995 for the said post in question within the District Inspector of Schools (SE) Nadia hereinafter refer to as concerned District Inspector of Schools and for other relief cancelling the decision to hold fresh interview on 23.9.95. In the writ application, the following relief have been sought for: (a) A writ in the nature of Mandamus commanding the respondents to act in

(2.) One Anima Biswas was added as respondent and has filed an opposition. Affidavit-in-opposition has been filed by the Headmistress on behalf of the respondent No. 3 and 4 and a reply to that effect also has been filed by the writ petitioner.

(3.) It is submitted by the learned advocate of the writ petitioner that in terms of the panel as prepared on 3.3.91 by the Selection Committee relating to the said post, the School Authority had referred the said panel for approval to the District Inspector of Schools concerned. Since, there was silence on issue in question, the writ petitioner moved a writ application C.O. No. 2119(W) of 1993 before the S. Chatterjee, J. of this Court on 13th January, 1993, when at the motion stage the matter was disposed of directing the District Inspector of Schools to take effective steps regarding approval of the panel within four weeks from the date of communication of the order. It is further submitted that a contempt application was filed in January, 1995. Thereafter, however, the panel was approved on 28th March, 1995 by the concerned District Inspector of Schools. Inspite of approval of the panel wherein the writ petitioner stood first, by the letter dated 1.9.95, the Secretary of the Managing Committee of the School directed the writ petitioner to appear before the Selection Committee on 23.9.95 for fresh interview on mentioning that a fresh interview would be held in terms of Memo No. 1516/General/SE dated 25th August, 1992 issued by District Inspector of Schools (SE) Nadia, being annexure F, page 28 of the writ application.