JOY MUKHOPADHYAY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner in this writ petition dated March 6th, 2002 is seeking a mandamus directing the fourth respondent (the Secretary, West Bengal Regional School Service Commission, Western Region) to recommend him to any secondary school in the state for appointment as an assistant teacher of bio -science (zoology).

(2.) HE took the Regional Level Selection Test, 1998 conducted by the West Bengal Regional School Service Commission, Western Region for selecting candidates for appointment as assistant teachers in the secondary schools of the state. The commission conducted the test as the competent authority under the West Bengal School Service Commission Act, 1997. For bio -science a list of one hundred and forty -seven men -candidates was drawn up. The notified vacancies were seventy -eight (fifty -four for men and twenty -four for women) Fifty -six men -candidates were recommended for appointment. The list was to remain alive for one year from the date it was drawn up. However, in exercise of power conferred by the relevant regulations the competent authority extended the life of the list till September 14th, 2001. Till that date in all eighty candidates were recommended for appointment. For want of available vacancies none of the other listed candidates could be recommended.

(3.) THE relevant regulation of the West Bengal School Service Commission (Procedure for Selection of Persons for Appointment to the Posts of Teachers including Head Masters/Head Mistresses/Superintendents of Senior Madrasah in recognized non -Government Aided Schools and Procedure for Conduct of Business of the Commission) Regulations, 1998, Regulation 8(2), provides as follows: (2) Each panel prepared shall remain valid for one year from the date of approval of the panel by the Regional Commission for the posts which have already been reported and which will within the period of validity of such panel arise and shall be reported. If the Central Commission thinks it expedient to extend the validity of the panel beyond its normal period for any reasonable cause, the validity of any such panel shall In -extended for a further period of one year for the posts which exists or will arise and shall be reported within such extended period of one year but such panel, in any: event, shall not remain valid for more than two years.