JAYANTA KUMAR SINHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By this writ petition, the petitioner seeks for appointment to the post of Primary School Teacher in the District-North 24-Parganas. The case of the petitioner is that he belonged to the O.B.C. Category and for the selection process of 1997, he participated. As the name of the petitioner was not considered, a representation was made in 2010 and as the same was not also considered, W.P. No. 9111 (W) of 2010 was filed. By order dated 8th July, 2010, the petitioner's representation was directed to be considered and the same was considered and rejected by an order dated 25th October, 2010. The only reason for rejection of the representation was that he could not produce his Admit Card. Thereafter, several representations were filed under the 2005 Act for details of Admit Card so also information with regard to selection process of 1997 but no information has been given. Although no prayer has been made for issuance of duplicate Admit Card but such relief can be granted after moulding the relief sought in the facts of the instant case.

(2.) Counsel for the respondent Nos. 2 and 3 submits that the petitioner has not been able to produce his Admit Card before the Adjudicating Authority to evidence call to the interview. Therefore, the order dated 25th October, 2010 calls for no interference and this writ petition merits no order.

(3.) Having considered the submissions of the parties, the selection process in issue is of 1997, when the name of the petitioner was sponsored by the concerned Employment Exchange. The petitioner took no step since 1997-1998 to either seek issuance of appointment letter or to seek any other information. In 2010, for the first time, the petitioner made a representation to the authorities and when the same was not considered, W.P. No. 9111 (W) of 2010 was filed and an order was passed directing the authorities to consider his representation. Such representation was considered and disposed of on 25th October, 2010 by rejecting the representation on the ground that the petitioner had not been able to produce the Admit Card and therefore, one could not know whether he had appeared at the interview. Admittedly, the representation was made in 2010 and not immediately after the panel was prepared. The panel for the selection process of 1997 has long since expired and the petitioner by making a representation in 2010 and obtaining an order in 2010 for consideration of his representation, is seeking to resurrect the selection process and a panel, which has expired long back. In fact, the case made out by the petitioner is that while leaving the Office of the Adjudicating Authority, he lost the Admit Card. In the writ petition filed, the petitioner has filed the Admit Card of another candidate. So, one is not aware when he lost his Admit Card. The G.D. Entry is dated 4th October, 2010 and the only reason for making the FIR is that he lost his Admit Card for the interview on 27th August, 2010. For non-production of the Admit Card, which would evidence whether the petitioner had been called for the interview, an order was passed on 25th October, 2010. On a reading of the said order, it appears that no infirmity exists and this writ petition warrants no order and the same is accordingly dismissed. In fact, the information sought under the 2005 Act by the petitioner, is after the passing of the order in October, 2010. The prayer for issuance of duplicate Admit Card could have been made by the petitioner prior to 25th October, 2010, may be in August, 2010, when he lost the Admit Card but he prayed for issuance of duplicate Admit Card and the information sought under the 2005 Act after the passing of that order, which is one regarding the issuance of duplicate Admit Card and secondly, with regard to the cut-off marks and marks obtained by him in the Oral Test.