SANNYASI CHARAN KAYAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) TWO writ petitions filed by different petitioners are taken up for consideration simultaneously as both the writ petitions relate to a common cause of action. First of such writ petitions being W.P. No. 17556(W) of 2009 was filed by Sannyasi Charan Kayal, a candidate who participated in the selection process for the post of Group "D" in Jukiveri Matangini Bidyapith in the District of Purba Medinipur. The said petitioner prayed for cancellation of the panel which was prepared by the selection committee on the basis of the interview held on 30th August, 2009 and for recasting the said panel by excluding one of the candidates namely, Smt. Anita Shit, the respondent no.10 as she allegedly adopted unfair means in course of selection test.

(2.) THE other writ petition being W.P. No. 12670(W) of 2011 was filed by the school authority challenging an order dated 28-06-2011 by which the District Inspector of School (SE), Purba Medinipur, cancelled his earlier order dated 11-04-2011. By the order dated 11-04-2011, the said District Inspector of Schools refused to consider the said panel as the school authority resolved in its resolution dated 16-03-2011 for calling back the said panel which was submitted to the concerned District Inspector of Schools for his approval. THE petitioners therein also prayed for issuance of directions upon the concerned authority for filling up the said post through School Service Commission immediately. Let me now consider the merits of the aforesaid two writ petitions in the facts and circumstances under which those two writ petitions were filed. Admittedly, the said selection process was initiated by the school authority on the basis of a prior permission granted by the concerned District Inspector of Schools under the old Recruitment Rules of 2005. Names of suitable candidates were sponsored by the concerned Employment Exchange. Some of the candidates also applied for the said post by offering their candidature. A selection committee was constituted by the managing Committee of the said school for holding the selection test. Interview of the eligible candidates was taken by the selection committee on 30th August, 2009. On the basis of the performance of the participating candidates, a panel was prepared by the selection committee and the said panel was placed before the Managing Committee of the said school. After examining the said panel, the Managing Committee of the said school forwarded the same along with the other relevant papers to the concerned District Inspector of Schools for his approval.

(3.) LET me now consider as to how far the school authority was justified in adopting the subsequent resolution on 16th March, 2011.