STATE OF WEST BENGAL Vs. SANDEEP PRASAD

JUDGEMENT

(1.) Pursuant to the order dtd. 22/2/2022, Mr. Banerjee, a member of the committee constituted by this Court, produced the documents containing the relevant records pertaining to the appointment at Group-'D' post.

(2.) We have perused the papers after opening the sealed cover file and made an enquiry from the Commission whether any such recommendation was made beyond 4/5/2019. It is all along a candid stand of the Commission that no recommendation beyond the expiry of the period i.e. the 4/5/2019 was ever issued by the Commission. The Board has issued letter of appointment to several candidates and the names of 573 candidates have been revealed but we do not know whether that is the only number or may appear to be more during the investigation/enquiry by the committee. The record reveals the shocking state of affairs and we refrain ourselves to make any observations thereupon in the midst of an investigation/enquiry by the committee constituted by this Court. Though we extended the period for completion of the entire exercise for a period of four months, we have been given impression that it may not last so long. We hope and trust that the Commission shall complete the entire exercise of investigation/enquiry and submit a report for passing appropriate order. We must record that the Commission and the West Bengal Board of Secondary Education have prevaricated the stand at the different stages of the litigation initiated before this Court.

(3.) The moment prima facie evidence has been produced raising a serious concern on the modalities of the recommendation/appointment made to the candidates not only beyond the expiration of the panel but to the candidates who were not included in the panel itself, such stand has been taken in order to shirk the responsibilities.