DILIP KUMAR MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ Petitioner appeared before the interview board for selection in the post of science teacher of Gogra High School of Bankura and produced all the certificates of extra -curricular activities. 'The Petitioner came to know that the Board only considered the certificates of academic qualifications but they did not consider the certificates of extracurricular activities. He wrote a letter to the D.I. of Schools (S.E.) on April.10, 1990. The Petitioner was given a hearing in the office of the D.I. and duly appeared before the second interview board on May 28, 1990 in response to the interview letter dated May 18, 1990. But the authorities were very much annoyed with the Petitioner and gave higher marks to one Navendu Ghosh who scored 0.6 marks more than the Petitioner. The Petitioner alleges that he had been given credits for extra -curricular activities on the basis of certificates produced by him he would have been first candidate to get the job. He has, therefore pressed for calling for the records relating to interview and the writs in the nature of mandamus commanding the Respondents not to appoint any candidate in the post of science teacher of the said school.

(2.) The Respondents have resisted the claim of the Petitioner by filing opposition affirmed by the Assistant Inspector of Schools (S.E.), Bankura wherein it has been stated that the writ petition was heard on May 28, 1990 on the points mentioned in his letter dated April 10, 1990 and on examination of the said certificates produced by the Petitioner the Assistant Inspector of Schools (S.E.), Bankura was satisfied that the said certificates did not deserve any credit and as such the school authorities were not asked to recast the panel.

(3.) The Learned Counsel for the Petitioner has submitted that the Petitioner was entitled to get some marks out of total marks 5 for extra -curricular activities. He has further pointed out that by an order of this Court dated December 6, 1990, the D.I. of Schools or the Secretary of Gogra High School were directed to produce all the papers relating to the candidates including the panel but the Respondents did not care to produce the records. The Learned Counsel, therefore, submits that the court should direct the Respondents to produce the records stated to interview for ascertaining whether the Petitioner was not given credits out of mala fide motive. The Learned Counsel for the Respondents has submitted that 10 years have lapsed since the order was passed and no step was taken by the Petitioner for hearing the petition and in the meantime Novendu, a successful candidate, has been serving in the school as Assistant Teacher for last 9 years and his appointment has been approved. The Petitioner having not been obtained any order of stay of appointment cannot be maintain this writ application after lapse of so many years. The Learned Counsel for the Respondents further submits that the application is not maintainable at all as the court cannot sit upon the assessment on merits by the members of the Selection Committee. In support of his argument he has relied upon a decision in National Institute of Mental Health and Neuro Sciences v/s. Dr. K. Kalyana Raman and Ors. : A.I..R. 1992 S.C. 1806