AJANTA MAHAPATRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition is filed against the action of the School Service Commission (hereinafter referred to as the 'Commission') in advertising for filling up of vacancies to the post of Assistant Teachers during the lifetime of the earlier panel to which the petitioner had been selected. The facts of the case giving rise to this writ petition is that the petitioner applied in response to an advertisement made for filling up of vacancies of assistant teachers in Economics in schools in the Eastern Region of the Commission. Pursuant to such advertisement, 4th Regional Level Selection Test was conducted by the Commission and the result thereof was published in November 8, 2003. The petitioner was placed in 11th rank in the panel. According to the vacancy statement in the said advertisement, there were seven vacancies for male candidates in the said region and all the said vacancies were filled up from the said panel and the petitioner being ranked 11th did not get an opportunity of being appointed.

(2.) The grievance of the petitioner is that in terms of Regulation 8(2) framed under the West Bengal School Service Commission Act, 1997, the said panel ought not only cater to the advertised vacancies but also to vacancies which would be reported upto one year from the date of publication of the said panel.

(3.) On the strength of such Regulation it is submitted on behalf of the petitioner that the panel to which the petitioner had been empanelled was published in 7.11.2003 and therefore, had a lifetime upto November 7, 2004 and hence, he had a right to be considered for appointment to such posts over and above the advertised vacancies which may have been reported during the lifetime of the panel.