SANAT KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner in W.P.A. 8119 of 2006 has prayed for setting aside the order of the District Inspector of Schools (S.E.), Birbhum dated September 26, 2005 and for cancellation of the candidature of Sanat Das i.e., the 6th respondent and to approve the panel prepared on the basis of interview held on 28/8/2002 by placing the writ petitioner i.e., the 2nd empanelled candidate at the top of the panel.

(2.) Facts giving rise to this writ petition in a nutshell are as follows-

(3.) Post of Group D (Peon) under the Scheduled Caste category was declared vacant at Labpur Junior High Madrasah (for short 'the Madrasah'). After obtaining prior permission to fill up the said vacancy, the competent authority of the Madrasah decided to conduct the selection process for filling up the said vacancy. Names of the eligible candidates were sponsored by the Employment Exchange. Petitioner approached the Writ Court with a prayer to allow him to participate in the selection process and a co-ordinate bench by an order dtd. 30/8/2001 in WP No. 12289(W) of 2001, allowed the petitioner to participate in the said interview. Petitioner participated in the interview held on 28/8/2002. The 6th respondent was placed in the first position of the panel, the writ petitioner was placed in the 2nd position and one Tapas Kumar Bagdi i.e., the 7th respondent was placed in the 3rd position of the panel. Pursuant to an order passed in W.P. No. 11451(W) of 2005 at the instance of the 7th respondent, the District Inspector of Schools (SE), Birbhum (for short 'the DI') passed the order dtd. 26/9/2005, directing the authority of the Madrasah to recast the panel in order of merit keeping the 7th respondent in the 1st position and deleting the names of the 6th respondent and the writ petitioner herein.