LAWS(CAL)-2012-2-19

RABINDRA NATH MAJHEE Vs. BIJOY CHATTERJEE

Decided On February 08, 2012
RABINDRA NATH MAJHEE Appellant
V/S
BIJOY CHATTERJEE Respondents

JUDGEMENT

(1.) The affection for the son if had resulted in a favouratism thereby leading to biasness in the selection of the appellant for the post of a clerk in Jhapra High School is the issue before us. The learned Single Judge set aside the entire panel on the ground that the writ petitioner performed far better than the appellant both in the academic as well as in the type-writing examination and the appellant excelled the writ petitioner only in the oral interview and that explains why or how did he excel. The fact that the appellant was treated with undue favour writ large on the marks given to him in respect of oral interview. The learned single Judge also found that the writ petitioner held a master degree and was better qualified than the appellant who was not even a graduate.

(2.) The learned Single Judge has considered the academic records of the respective candidates and found that the awarding of marks in the viva-voce test is quite unusual having regard to the other marks obtained by him in the said selection test.

(3.) The post concerned is that of a clerk and a non-teaching post. A Selection Committee was formed by the Managing Committee of the School in terms of the resolution dated July 11, 2008. The Secretary of the School is the father of the appellant. He was part of the Managing Committee and participated in the meeting of the Managing Committee dated July 11, 2008 for the purpose of constituting the Selection Committee.