RABINDRA NATH MAHATA Vs. STATE OF W B

JUDGEMENT

(1.) This writ petition was filed by the petitioner praying for a mandamus directing the respondents to allow him to participate in selection process initiated by the school for recruitment and selection of Clerk-cum-Typist. When writ petition was considered by the learned Single Judge by order dated January 31, 2005, contentions of the respective parties and the subject-matter involved in the writ petition were considered. Notice was taken of the submission of the petitioner that in view of the decision of the Supreme Court dated February 12, 2002 in Abu Taher v. Abdul Wahab & Ors. (Civil Appeal No. 1203 of 2001) and the decision of this Court by another learned Single Judge in Sanjay Kumar Ray v. State & Ors. reported in 2005(1) WBLR (Cal) 130, the petitioner had a right to offer his candidature in the selection process in question provided he possessed the requisite qualifications prescribed for the post.

(2.) As the learned Single Judge considering the present writ petition expressed his disagreement with the view taken by the other learned Single Judge in the case of Sanjay Kumar Ray (supra) and was of the view that Special Bench decision in the case of Debasis Dutta (supra) still holds good and no law was laid down by the Supreme Court in the case of Abu Taher (supra) that a person will be entitled to offer his candidature in any recruitment process even though his name is not sponsored by the employment exchange for the said purpose, when relevant rules make such exercise a mandatory requirement and in view of the above opinion as the learned Judge was not in agreement with the other view for getting the question decided by a Larger Bench, a direction was given to place the file before the Hon'ble Chief Justice recording the question involved as follows:-

(3.) The same learned Judge also referred another writ petition being W.P. No. 214 (W) of 2005 on 1st February, 2005 to a Larger Bench wherein by order dated February 3, 2005 the then Hon'ble Acting Chief Justice was pleased to constitute this Full Bench as a Larger Bench to consider and decide the said question. Several other matters involving same question were referred to Larger Bench and hence these matters were placed before the present Bench for a decision. Affidavit-in-Opposition has been filed in the present writ petition and the petitioner agreed to proceed with the final hearing without filing any Affidavit-in-Reply. All the matters were heard together by this Bench in presence of and as agreed to by the respective learned Advocates for the respective parties.