LUTFAR RAHMAN Vs. SUPRABHAT SOME

JUDGEMENT

(1.) THE petitioners are litigating since two decades for seeking Justice, for even, the contempt application is pending for more than one decade. Several writ petitions were filed by different candidates including the petitioners challenging the action of the authorities in conducting the selection process for filling up the post of Primary School Teachers in the Howrah District.

(2.) SOME of the challenges were thrown on the selection process whereas in some of the writ petitions, serious allegations as to illegalities and/or irregularities in giving appointment to some of the candidates, who were not otherwise eligible to offer their candidature for such post or appointments outside the panel were also given. Bunch of the writ petitions were considered in a common judgment which was carried to the Division Bench in Intra Court Appeal in Midnapore Zilla Nimna Buniyadi Shikshak Shikshan Prapta Bekar Sikshak Samity and Ors. v - State of West Bengal and Ors; decided on 30th March, 1994. The Division Bench appointed the Joint Special Officers to make an inquiry and submit the report as to whether formalities have been complied with or not in accordance with law. The Special Officer undertook the relevant sheets and other relevant records of the District School Council of Midnapore and Howrah and submitted the report on 10th January, 1994. The report reveals lot of illegalities and/or irregularities having perpetuated in preparation of the panel and the appointments given to the favoured person.

(3.) IN course of the hearing before the Division Bench, it transpired that the panel was prepared in circle wise manner and not on district basis to which the candidates securing lesser marks were appointed sparing the other eligible candidates securing higher marks. It was further found that there are gross irregularities in regard to the preparation of the panel so far as the Midnapore District is concerned. So far as the panel for Howrah District is concerned, though certain irregularities were found but the Division Bench did not scrap or set aside the entire panel but directed the Director of School Education (Primary) to consider the observations recorded by the Special Officers and proceed to grant approval upon proper verification of the anomalies as pointed in the said report. The Division Bench order was further challenged before the Supreme Court in Civil Appeal Nos. 11521 -22 and 11523 of 1995. The aforesaid appeals came up for disposal before the Hon'ble Supreme Court on December 5, 1995 and it is observed that the panel prepared for the District of Malda and Midnapore contained such gross illegality and irregularity that mere recasting the panels would not meet the ends of Justice. So far as, the panel prepared for the other district are concerned, the Apex Court declined to interfere with the directions passed by the Division Bench in Midnapore Zilla Nimna Buniyadi Shikshak Shikshan Prapta Bekar Sikshak Samity . It would be relevant to quote the excerpts from the judgment of the Supreme Court rendered in case of Paschimbanga Prathamik Sikshak Sikshan Prapts Bakar -o -Sikshak Samiti and Ors; -v - President, West Bengal Primary School Council and Ors, 1996 7 SCC 333 which are: