ASHOK KUMAR KONAR Vs. SHYAMA PRASAD DAS

JUDGEMENT

(1.) :- This appeal is directed against an order dated 28th Feb., 2003 whereby the learned Judge held that on the basis of two marks wrongly awarded to the appellant, he was placed in position No.I of the panel prepared for appointment as Assistant Teacher in History of Boro Balaram Behari Vidymandir, P.O. Balaram District Burdwan, he was appointed in that basis, same was quashed by the learned single Judge.

(2.) The recruitment process was initiated by the school, and the names were invited from the Employment Exchange on 26th April, 1989. Accordingly, names were sponsored by the Employment Exchange. After selection, the panel was prepared. Three candidates were selected and empanelled according to merit for the said post. The appellant and the respondent No.1 (the petitioner) were placed at position Nos. 1 and 2 respectively and one R.K. Haldar was placed at 3rd position. The panel was sent for approval to the District Inspector of Schools (SE), Burdwan. It was alleged that the appellant was illegally placed at serial No.1 because the Selection Committee illegally awarded him two marks on the basis of two certificates of extra curricular activities, though he was not entitled to any marks against those two certficates. It was also alleged that one of the members of the Selection Committee was related to the appellant.

(3.) The learned single Judge examined the matter and found that the appellant was illegally awarded two marks on the certificates, as on the basis of the certificates issued by the Block Sports and Youth Welfare Department regarding performance in Gram Panchayat Level Football Competition and by the Department of Youth Service regarding performance in Block Level Debate Competition, he was not entitled to any marks. The learned Judge held that marks were to be awarded in terms of clause V of the Circular dated 31st Aug., 1987 read with the Circular dated 1st Sept., 1988 wherein it was mentioned: