RATAN CH. SANLANTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard the learned advocates appearing for the parties. In the writ application, the petitioner, second empanelled candidate, relating to the post of Class 4 staff of the concerned school has challenged the decision of according approval of the panel showing the respondent no. 8 as the first candidate of the panel and thereby prayed for reliefs in terms of prayer 'A' and '13' which reads as follows:

(2.) Having regard to this, now the question is whether any relief can be granted to the petitioner as prayed for in the writ application. In the writ application the petitioner has prayed for recasting of the panel in Prayer-A. Since the order of approval itself is the nullity in the eye of law as the same was processed as it appears from the order in terms of a non-existent order of the Division Bench of High Court, there is no question of recasting the panel. This Court has already set aside and quashed the order of approval. Once the order of approval is set aside and quashed, there is no question of recasting the panel by this Court. Further, it is not within the jurisdiction of the Writ Court to recast a panel as the same is required to be done by the appropriate authorities under the Statute. However, from the records, as it appears, that the District Inspector of Schools concerned without considering the order relevant points, namely, the age bar issue on appointment in terms of Clause 4-G of the Recruitment Rules as referred to and as well as relaxation issue, accorded approval of the panel only on the basis of the order of the High Court as referred to, which, in fact, is a non- existent order, the respondent, District Inspector of Schools concerned is directed to decide the matter de novo with reference to the panel as referred to by the Managing Committee of the school upon taking note of statutory provisions as laid down in the Recruitment Rules of 1995. A decision to be reached approval of the panel or recasting of the panel what ever it may be as per his decision upon giving hearing to the petitioner, the respondent No. 8 and the other empanelled candidates as well as the school authorities. Such decision to be reached within two months from the date of communication of this order and the reasoned decision to be communicated to all parties, i.e. the petitioner, the respondent No. 8 the school authorities and the other empanelled candidates, within two weeks from the date of taking such decision. The respondent No. 8 is directed to vacate the post forthwith and the Managing Committee is directed to take steps accordingly in the matter. The writ application is disposed of in the aforesaid terms. Stay as prayed for is refused.

(3.) Let urgent xerox certified copy of this order be made available to the learned advocates appearing for the parties.