FAZAL BARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) ON 16th December, 2006 a notice was published in the newspaper inviting applications from candidates for appointment in one post of additional para teacher (male) in physical education at Nawpukhuria J.J. High School situated within the jurisdiction of Kapasdanga Gram Panchayat in Murshidabad. The petitioner claims to be a resident of the area covered by this gram panchayat. The said notice inviting applications stipulated that a candidate must be a resident of that area.

(2.) THE petitioner qualified in the initial round of selection and was placed in a panel comprising of two persons. Kamalesh Mondal got the first position and the petitioner got the second. This panel was approved by the District Project Officer Sarva Shiksha Mission on 3rd January, 2007. Kamalesh Mondal has not been made a party.

(3.) THE writ petitioner challenges his appointment on the ground that he did not reside within the jurisdiction of the said gram panchayat as belonged to Beldanga Municipal Corporation area. Furthermore, it is stated that the selection process was arbitrary.