SACHINANDAN DEY Vs. STATE OF W.B.

JUDGEMENT

(1.) This writ petition has been made by the petitioner whose name has been short listed by the Selection Committee under memo no. 563(3) dated 17.7.98 from amongst the candidates whose names were sponsored by the Employment Exchange being 20 in numbers and remaining two candidates whose names have been forwarded by the Employment Exchange by an earlier order of the Court. All the candidates particularly six candidate whose names were short listed as per their total marks on written and oral test are the participants in the interview. The first candidate was given service in compliance with the result at the interview. Subsequently, a challenge has been thrown before the court by the third empanelled candidate that first and second candidate have obtained an order for the court for the purpose of forwarding the name by the Employment Exchange by practising fraud. They were never the junior candidates than the candidate whose names were forwarded by the Employment Exchange. They have given the wrong impression to the court and thereby obtained an order. Their challenge was also thrown in respect of the formation of the selection committee.

(2.) So far as the formation of the Selection Committee is concerned, a Bench of this Court in W.P. No. 14430 (W) of 1998 did not say anything but as far as practising fraud is concerned. The court accepted the view and decided the appointment and candidature of both the first and second empanelled candidates are void. The court held that the authorities concerned are directed to prepare a panel amongst those persons who had been sponsored by the Employment Exchange and had been interviewed on 25.4.97 and thereafter to give appointment to the persons selection from such panel. A bonafide mistake of such order recording the date of interview being 25.4.97 was subsequently corrected on 19.4.2002 by incorporating actual date of interview as 16.7.98.

(3.) An appeal was preferred from such order but the same was dismissed on 10.4.2002 by the Division Bench of this court under MAT No. 691 of 2002 with CAN No. 2527/2002. Obviously, the authority concerned proceeded for giving appointment to the petitioner being a third empanelled candidate and medical and police verification have already been made by two different orders of the Additional District Magistrate being date 9.4.2002 and Block Development Officer being dated 22.4.2002 .Photocopies of the same along with the order of the judgment of Division Bench be kept with the record.