STATE Vs. SAMPA GHOSH

JUDGEMENT

(1.) Both the appeals have been preferred against a common judgment and order whereby and whereunder the learned Single Judge has set aside the appointment of one Sri Shyama Prosad Mandal who is the appellant in the appeal being M.A.T. No. 4751 of 2005 and the writ petitioner (respondent No. 1 in M.A.T. No. 4751 of 2005) viz. Smb. Sampa Ghosh was directed to be appointed by the learned Single Judge.

(2.) The writ petition was filed by Sampa challenging formation of the panel prepared on 29th June, 2005 for the purpose of appointment to the post of Clerk- cum-Typist under Mathurapur- I Panchayat Samity, District- 24-Parganas (South) and further to initiate fresh selection process involving the same set of candidates for the said post of Clerk-cum-Typist under Mathurapur-1 Panchayat Samiti. Therefore, the challenge was basically against formation of the panel. The learned Single Judge after hearing the parties and considering the materials placed before him found that the selection process, particularly the viva voce test was vitiated with mala fide and bias.

(3.) The fact of the case made out by the writ petitioner was that the writ petitioner was not initially called for the selection process, viz. for taking written test followed by viva voce as her name was not sponsored by the Employment Exchange. She came to this Court with writ petition and got an order enabling her to participate in the selection process. Written test was held amongst all the candidates followed by viva voce test. The writ petitioner was successful in the written test and it appears that Selection Committee after short listing the candidates, invited the writ petitioner as being a successful candidate to take part in the viva voce test.