TIRTHA MUKHERJEE Vs. DIRECTOR OF SARBA SIKSHA AVIJAN

JUDGEMENT

(1.) This writ application is directed against an order passed by the respondent No.2 rejecting the prayer of the petitioner to continue with the engagement in the post of Para teacher of Manikpara High School, District Paschim Midnapore in history.

(2.) This matter has a chequered history which is discussed hereunder in a nutshell: The petitioner participated in a selection process for engagement in the post mentioned hereinabove in response to an advertisement dated September 15, 2006. A panel of selected candidates for the above engagement was prepared. The same was forwarded to the respondent No.2 for his approval. The name of the respondent No.6 appeared on top of the above panel. After considering the above panel, the respondent No.3 sent a communication to the respondent No.2 under memo No.490/SSM dated March 19, 2007 for recasting of the above panel on the ground that the respondent No.6 had crossed the upper age limit for engagement in the above post.

(3.) The respondent No.6 filed an application under Article 226 of the Constitution of India in the matter of Mrinal Kanti Bose vs. State of West Bengal & ors. (in Re. W. P. No. 8052 ( W) of 2008). The above writ application was disposed of by an order dated May 5, 2008 directing the respondent No.2 to consider the candidature of the respondent No.6 within a period mentioned therein if the respondent No.6 had applied or his name was sponsored before May 1, 2006 provided he was within the upper limit of 45 years of age on May 1, 2006.