BIPAD TTARAN PATRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Court : The writ application and the contempt matter are taken up together and are being disposed of by this common judgment.

(2.) The petitioner has filed the writ application, inter alia, praying for issuance of a writ of or in the nature of Mandamus directing the respondents to issue letter of interview as per list sent by the Employment Exchange in terms of memo dated 5.10.93 and for further direction upon the respondents not to change and/or cancel the list sent by the Employment Exchange.

(3.) The petitioner is said to be an MA. in English. Pursuant to an advertisement issued for filling up a vacancy for the post of Assistant Teacher in Dumurtore Bagbadini High School, Bankura (hereinafter referred to as School), the name of the petitioner who got his name registered in the Employment Exchange, was sponsored in terms of the aforementioned memo. According to the petitioner, the School Authorities despite the same have not called him for an interview. Affidavit-in-opposition has been filed on behalf of the Secretary of the said School, being respondent No. 4. In the said affidavit it has been stated that the prescribed qualification for appointment was B.A. (Hons.)/MA. in English preferably B.T./B.Ed./P.G.B.T. The Employment Officer-in-Charge, District Employment Exchange sent the names of several persons wherein the name of the petitioner appears at serial No. 18 with the qualification BSc., M.A. in English and B.Ed. The petitioner was the only candidate having a Post-Graduate degree. It has been contended that according to the new recruitment rules the time of a post graduate candidate can be sponsored only by the National Employment Exchange and in this view of the matter as the petitioner was not eligible for appointment no interview letter was sent to him.