UTTAM KUMAR Vs. STATEOF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner was an assistant teacher in Midnapore Collegiate School. The vacancy occurred in the post of Headmaster in the said concerned school because of retirement of the then Headmaster in the year 2004. The West Bengal Central School Service Commission published an advertisement on July 17, 2004 inviting application for the post of Headmaster. The petitioner duly applied for the said post. However, he was not called for any interview as according to them he did not come within the zone of consideration. The petitioner, however earlier applied for the post of Headmaster in 1999 and he was selected for another school. He did not join the said school because of his father's ailment.

(2.) The petitioner approached this court by way of the present writ petition. Mr. Mihir Chakraborty, learned counsel appearing for the petitioner contended as follows:

(3.) To elaborate his submission Mr. Chakraborty relied on the School Service Commission Act, 1977 and the regulations framed thereunder. Mr. Chakraborty relied on Sections 17 and 18 as well regulation framed under Section 18 which provided written examination. Mr. Chakraborty also drew my attention to the booklet issued in 1999 which stipulated written test for the post of Headmaster. According to him, such written test was in terms of the regulation and as such the School Service Commission did not have any authority to do away with written test in 2004 only to avoid healthy competition. According to Mr. Chakrabotty the test was done away with only to avoid his candidature. He further contended that in case he was allowed to participate at the interview he could have mane the short fall by doing well in the interview.