KASHINATH KARMAKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this writ application the writ petitioner who was empanelled as a first candidate of the panel as prepared on 25th September, 1997 relating to the selection of candidate for the post of Headmaster of the school in terms of the prior permission order reserving the post for scheduled caste candidate, has challenged the Memo No. 1419 dated 7th October, 1997 issued by the District Inspector of Schools (SE) Dakshin Dinajpur modifying the earlier prior permission order reserving the post for scheduled caste candidate, as unreserved. The petitioner has prayed the following reliefs in this writ application:-

(2.) This writ petitioner has a chequered history. For the post of Headmaster of Tilon High School, Post Office-Tilon, District-Dakshin Dinajpur, the Managing Committee of the school in terms of the staff pattern of the school read with hundred point roaster marked the post of Headmaster reserved for scheduled caste candidate. Such requisition accordingly was sent seeking prior permission of the District Inspector of Schools (SE) Dakshin Dinajpur (hereinafter referred to as the concerned District Inspector of Schools). The District Inspector of Schools thereafter accorded prior permission by Memo No. 737 dated 22nd August, 1996 following the Recruitment Rules issued by the Director of School Education, West Bengal as vogue at the material time directing the school authority to fill up the vacancy of the post of Headmaster by scheduled caste candidate. In terms of the Recruitment Rules, the School Authority advertised the post in the daily Newspaper as well as invited names from the Employment Exchange. The Managing Committee of the school constituted a Selection Committee for such selection and interview date was fixed on 25th September, 1997. On 23rd September, 1997 one Tapan Kumar Gangopadhyay a person not belonging to the scheduled caste category challenged the decision of the District Inspector of Schools concerned according prior permission to fill up the said vacancy of the post of Headmaster from scheduled caste candidates in this Court by filling writ petition No. W.P. 26114 (W) of 1997. No copy of such writ application was, however served to any of the respondents. In the said writ application the following persons were made respondents viz.

(3.) The District Inspector of Schools (S.E) Dakshin Dinajpur, having its office at Balurghat, P.O. Balurghat, District-Dakshin Dinajpur.