SWAPAN KUMAR MAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has impugned the judgment and order of the learned Single Judge dated 8th April, 2010 passed in the writ petition being W.P. No. 13825 (W) of 2009, made by one Avik Chowdhury, respondent No. 9 herein by which the learned Trial Judge has been pleased to grant relief to the writ petitioner/respondent directing the D.I. concerned namely the respondent No. 3 herein to approve the panel sent to him by the School Authority within a period of two weeks from the date of communication of the order. Avoiding unnecessary details of the fact we record the factual score as follows:-

(2.) Learned counsel for the appellant submits that in terms of Rule 9 (7a) and (7b) of West Bengal Schools (Recruitment of Non-teaching Staff) Rules, 2005 the School Authority is required to submit a panel along with all relevant papers before the concerned D.I. for approval and therefore the type sheets are part and parcel of the panel in question.

(3.) He further contends that the appellant is not estopped from challenging the said selection process as well as the panel as because he participated and he has right to do so still as glaring illegalities has been detected in selection process. In such situation, he urges with support of the Supreme Court decision (Rajkumar vs. Shakti Raj, 1997 AIR(SC) 2110) that the principle of estoppel does not apply.