(1.) In the writ petition, affirmed on 26th February, 2013, the petitioner who was a candidate for the post of primary teacher in the 2006 selection process conducted by South 24 -Parganas District Primary School Council ('Council' for short), the respondent no. 4, has prayed for a direction upon the authorities to appoint him as teacher. Submission has been made as under the West Bengal Primary School Teachers Recruitment Rules, 2001 marks awarded in the Madhyamik Examination are taken into consideration and as the petitioner secured higher marks in Madhyamik Examination than two successful candidates, who have been specifically named in the petition and as the petitioner had obtained more marks than the last cut -off marks for appointment, he is eligible for being appointed. It has been stated that as the petitioner has been discriminated and there has been gross illegality in the preparation of the panel, appropriate order may be passed directing appointment. Learned advocate for the petitioner has relied on the judgment of the Apex Court in Purushottam v. Chairman, M.S.E.B, 1999 6 SCC 49 in support of his submission.
(2.) Learned advocate appearing on behalf of the Council refuting the allegation in the writ petition has submitted that as under Rule 13 of 2001 a panel even after extension is valid for a maximum period of two years and as in this case the panel of successful candidates published on 14th August, 2010 had lapsed on 13th August, 2011 and as the writ petition challenging the selection process as well as preparation of the panel was filed belatedly, that is, after the life of the panel had expired, in view of the settled principles of law, no order may be passed. Learned advocate for the Council has relied on the following judgments of the Apex Court and Calcutta High Court in support of his submission, which are as under : -
(3.) As noted, a panel approved by the Director under the Rules shall be valid for one year. However, the Director or his authorized officer may extend its validity by six months at a time, but the total period shall not exceed one year, meaning thereby an approved panel at the most shall be valid for two years. In the instant case the panel had lapsed on 13th August, 2011. Assuming the validity of the panel was extended for one more year as stipulated in the Rule and had expired on 13th August, 2012, the issue is whether the writ petition is maintainable after the life of the panel had expired. In my view, as the principles of law are well settled, the argument of the petitioner cannot be accepted as the Apex Court in State of Bihar vs. Amrendra Kumar Mishra had held "Life of a panel, it is well known, remains valid for a year. Once it lapses, unless an appropriate order is issued by the State, no appointment can be made out of the said panel." (paragraph -9).