PARIJAT DE Vs. AMARENDRA KUMAR

JUDGEMENT

(1.) This writ petition has been filed by one Dr. Parijat De impugning the judgment and order dated 15.02.2002 passed in O.A. No. 2296 of 1999. The said O.A. was filed by one Dr. Amarendra Kumar Samaddar Chowdhury challenging the selection of the Public Service Commission (hereinafter referred to as 'PSC') for the post of Principal in the Kalyani Engineering College. The Tribunal, after a contested hearing, was pleased to set aside the selection and appointment of the petitioner (respondent No. 4 before the Tribunal) to the said post and gave liberty to the respondent authorities to fill up two posts of Principal in the Jalpaiguri and Kalyani Engineering Colleges in accordance with the rules.

(2.) However, pursuant to the selection in 1999 which was quashed by the Tribunal in the month of February, 2002, the petitioner was appointed by an order dated 25.10.1999 to the post of Principal in the Kalyani Engineering College and, thereafter, the petitioner was confirmed in the said post of Principal by a Government order dated 01.12.2001. When this Court entertained the petitioner's challenge against the order of the Tribunal, this Court, by an order dated 26.06.2002, granted an interim order staying the operation of the Tribunal's judgment. The said interim order was granted for a limited period, but, then that order was extended from time to time.

(3.) During the pendency of the matter before this Court, the respondent No. 1 at whose instance the Tribunal passed the impugned order, retired in March, 2003 from the substantive rank of Professor.