GANESH CHANDRA SENAPATI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Only certain relevant facts necessary for the disposal of the instant writ application need to be stated. They are for filling up the post of an Assistant Teacher in Geography in Banipur High School prior permission was granted by the DIS (SE), prescribing the qualifications as M.A. or M.Sc. in Geography along with B.Ed., PGBT or BT. Interview for the same was held on 27th May, 1997 in terms of the Recruitment rules which came into operation from December 1, 1995. The panel prepared by the school authorities, was approved by the DIS (SE) on 20th October, 1997. It must be stated here that by the said order the panel prepared by the school authorities, which was in the following terms; Smt. Sarmila De Dalal - 1st. Ajoy Dey - 2nd. Ganesh Senapati (present writ petitioner) - 3rd. was recast by the DIS (SE) by his order dated 20th October 1997 approving the panel in the following manner; Smt. Sarmila De Dalal - 1st. Shri Ajoy Kumar Dey - 2nd. Samar Chandra Samanta (private respondent No. 7) - 3rd.

(2.) The first empanelled candidate Smt. Sarmila De Dalal was at the relevant time working in a different school and at the time of joining in the institution in question after approval of the panel by the DIS (SE) and letter of appointment having been offered to her produced a release letter on 4th December, 1997 i.e. within a month from the date of joining (see Page 34 being the finding arrived at in the order dated 22.9.1998).

(3.) Petitioner herein filed a writ petition being W.P. No. 4069 (W) of 1998 (Ganesh Chandra Senapati v. State of West Bengal & Ors.) praying for a direction upon the respondents therein to recast the panel prepared by the Selection Committee and to cancel the appointment of respondent No. 6 (Smt. Sarmila De Dalal) in the said post and for appointing the petitioner in her place as an Assistant Teacher in Geography.