SRI TAPAN GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) PURSUANT to the prior permission granted by the Additional District Inspector of School (S.E.) Serampore, a selection process was initiated by Serampore Mission Girls High School for filling up the vacancy in the post of Group "D" staff from General (E.C.) category. Such process was not only initiated prior to the introduction of the new Recruitment Rules of 2009 but such selection process also commenced prior to the introduction of the Rules of 2009. Name of twenty suitable candidates were sponsored by the Employment Exchange for the said post. Since the name of the petitioner was not sponsored by the Employment Exchange, he approached this Honourable Court with a writ petition being W.P. No. 27460(W) of 2006, inter alia praying for issuance of direction upon the selection authority for allowing him to participate in the selection process for the said post. An interim order was passed by a learned Single Judge of this Court on 20th December, 2006, in the said writ petition, whereby the respondent authorities were directed to allow the petitioner to participate in the interview which was scheduled to be held on December 23, 2006 with a rider that in the event of inclusion of name of the petitioner in the panel of selected candidates, the same shall not be given effect to without the leave of the Court.

(2.) IT was further clarified therein that in the event of inclusion of the name of the petitioner in the panel of selected candidates, he will not be entitled to claim any equity for that post.

(3.) PURSUANT to the direction passed by this Hon"ble Court on 5th September, 2008 in W.P. No. 21114(W) of 2008, the District Inspector of School ultimately held that the said panel could not be approved as the first empanelled candidate did not belong to the General (E.C.) category which was an essential condition for the said post. The said District Inspector of School subsequently recalled his own decision suo moto and ultimately approved the said panel after cancelling his earlier order whereby he refused to approve the said panel as aforesaid.