DIPAK MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Pursuant to the direction passed by the Hon'ble Appeal Court in FMA No. 2376 of 2004, the hearing of this writ petition was taken up afresh, after remand.

(2.) The petitioner being a second empanelled candidate has challenged the selection of the private respondent No. 9 for the post of "Sahayak" in the Gram Panchayat of Hensla.

(3.) A serious question regarding maintainability of this writ petition was raised by Mr. Dutta, learned Advocate, appearing for the respondent No. 9, on the ground that when a candidate appears at the examination without protest and subsequently not found to be successful In the examination, he cannot maintain the writ petition for challenging the selection process and/or the illegalities on the part of the authorities concerned regarding selection of candidate.