BISWAJIT MAITY Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) IN this writ petition the writ petitioner has agitated that, although, he was selected for the post of Assistant Teacher (Primary) but his appointment has been kept withheld by the respondent Council. The short case of the writ petitioner is as follows:

(2.) IT has been submitted that the said order dated 24th March, 2011, passed in W.P.5425 (W) of 2010 was challenged by the respondent Council in M.A.T. No.710 of 2011 (D.P.S.C. South 24 -Parganas & Anr. - Vs. - Dilip Pradhan & Ors.). The Hon 'ble Division Bench, after a contested hearing held -

(3.) THE learned advocate for the petitioner submits that in view of the aforesaid orders passed by this Hon 'ble Court the writ petitioner should be given the appointment letter as he has already been empanelled following a valid recruitment process. Learned advocate for the petitioner has also submitted on the basis of Annexure P -6 which is an appointment letter issued on 6th December, 2012 in favour of another candidate that the appointments are being made from the selfsame panel in which the petitioner was figured as a successful candidate. Learned advocate for the petitioner has referred to a judgment reported in 1998 CWN 105 in the case of Deb Narayan Chatterjee & Ors. - Vs. - The Union of India & Ors. In the said case an Hon 'ble Single Judge of this Court in a given facts and circumstances held that if any particular select list expired by efflux of time and if the same has been continued by the authority itself then they cannot make a pick and choose and say conveniently that the list has already expired where they themselves have treated the list as continued even after expiry of the initial life period.