SWAPAN KUMAR MAJHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application is at the instance of a candidate for appointment to the post of Group-D staff in the Barakar Sree Marwari Vidyalaya at Barakar, District - Burdwan.

(2.) The case in short, for the purpose of this writ petition is that, the name of the petitioner was sponsored by the District Employment Exchange, Sitarampur, District- Burdwan for the post of Group-D staff for Scheduled Caste category in Barakar Sree Marwari Vidyalaya. The interview was held by the Selection Committee for the aforesaid post and the petitioner stood first in the selection process. A panel was prepared accordingly, and the said panel was approved by the then Administrator of the said school and, thereafter, the approved panel was sent to the District Inspector of Schools (S.E), Burdwan on December 12, 2000 for approval of appointment to the post of Group-D staff as stated above. But the District Inspector of Schools did not approve of the panel as yet, and being dissatisfied with the manner of dealing with matter, the petitioner filed a writ petition being no. 1685 of 2005 before the Hon'ble Court, Calcutta. And upon hearing, the Hon'ble Court was pleased to pass an order dated August 19, 2005 directing, inter alia, the District Inspector of Schools, Burdwan to approve of the appointment from the panel within a certain time. The order was communicated to the District Inspector of Schools and hearing was made accordingly. But, District Inspector of Schools passed his opinion that unless and until the panel in question was submitted to the office, no positive action could be taken from his end. Ultimately, the petitioner had to file another writ petition being W.P. No.168 of 2006 before this Hon'ble Court and the said petition was disposed of by an order dated August 28, 2006 directing, inter alia, to verify the panel whether the panel produced by the petitioner was that the panel prepared by the Selection Committee and if the answer was in affirmative then the authority should consider the question of granting approval of the panel in respect of that. The Additional District inspector of Schools passed the order dated March 7, 2007 holding that the original panel and score-sheet for appointment being not available, he was unable to compare with the paper submitted by the petitioner. Accordingly, no relief was granted to him. Being aggrieved, this application has been preferred.

(3.) The respondent State is contesting the said writ petition contending, inter alia, since the comparison could not be held by the concerned Additional District Inspector of Schools the impugned order had been duly passed by him and so, there is no scope of interference.