MALAY KUMAR MISRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) IN spite of service no one appears on behalf of the respondents. The writ petitioner challenged the action of the respondent authorities in not permitting him to appear in the interview for appointment to the post of Assistant Teacher to be held on 6.12.2009.

(2.) THE facts briefly stated is that the selection process was initiated in the year 2006 for filling up the post of the assistant teacher in the various primary schools set up within the district of Purulia. THE writ petitioner, though eligible for such post, was not permitted to participate in the selection process as his name was not sponsored by the Employment Exchange . Challenging such action the petitioner filed a writ petition being WP No. 28825 (w)/06 in this court which was disposed of on 29.12.2006 permitting the writ petitioner to appear for the interview to be held on 31.12.2006 or any other date subsequent thereto. THE said selection process could not be completed due to various proceedings pending before this court but ultimately recommenced in the year 2009. In spite of the order passed in an earlier writ petition the petitioner was not allowed to participate in the written examination scheduled to be conducted on 6.12.2009. THE writ petitioner moved the instant writ application and by way of an interim order this court on 3.12.2009 allowed the petitioner to participate in the written examination scheduled to be held on 6.12.2009. It appears subsequently that the authorities did not conduct the written examination on 6.12.2009 and communicated the petitioner that the next date would be notified subsequently. THE written examination was refixed on 17.1.2010 and by an order of this court the writ petitioner was allowed to participate in the written test.

(3.) BEFORE dealing with the point as aforesaid it is trite to depict the order dated 29.12.2006 passed in an earlier writ application in toto : The petitioner is permitted to appear for the interview for the purpose of selection for appointment to the post in question, as prayed for in the writ petition, along with other sponsored candidates on 31.12.2006 or any other subsequent date or dates, when such interview takes place. The case of the writ petitioner will be considered at par with other sponsored candidates for such selection. This writ petition is, thus, disposed of. There will be no order as to costs. Learned Advocate for the writ petitioner is given liberty to communicate the gist of the order to the concerned authority. Urgent xerox certified copy, if applied for, be given to the parties on priority basis. (Emphasis supplied)