SIBA PROSAD CHAKRABORTY Vs. SUNIRMAL CHAKRABORTY & ORS.

JUDGEMENT

(1.) Both the appeals arise out of the same order passed by the learned Single Judge dated 16th Nov., 1994, whereby the learned single Judge allowed the writ petition directing the Secretary of the Managing Committee to revise the panel and send it to the District Inspector of Schools (SE), South 24-Parganas within a week from the date of receipt of the plain copy of the order by the learned Advocate and/or from receipt of the copy of the order, the District Inspector of Schools (SE), South 24-Parganas will approve the panel within a week thereafter. It was observed that after receipt of such approval, the Managing Committee of the concerned School will appoint Nitya Ranjan Bagchi as Headmaster of the concerned school and will submit necessary papers of appointment to the District Inspector of Schools (SE). South 24-Parganas for according necessary approval to the appointment within a week from the date of appointment. The District Inspector of Schools (SE), South 24-Paraganas was also directed to accord approval to the appointment within a fortnight from the date of receipt of the relevant papers.

(2.) Aggrieved against that order, one Siba Prosad Chakraborty preferred an appeal being F.M.A.T. 3755/94 as well as the Managing Committee of the concerned school preferred an appeal being FM.A.T. 3756 of 1994. Since both the appeals arise out of the same order, therefore, we dispose of both the appeals by a common order.

(3.) It is very strange that none of the candidates, who appeared before the Selection Committee for the post of a Headmaster of the concerned school, had filed the writ petition. The writ petition was sponsored by. some of the citizens and one of the members of the Expert Committee from the teaching staff, who was the petitioner No. 1 in the writ petition challenging the appointment for the post of Headmaster of Harinavi D.V.A.S. High School The learned single Judge, after examining the matter, came to ; the conclusion that awarding marks on teaching experience, extra-curricular activities and for interview by the Selection Committee did not appear to be proper. Therefore, the learned single Judge directed that the whole selection process should be re-examined and directed that Nitya Ranjan Bagchi should 1 be appointed as the Headmaster of the concerned school.