SURANJAN KARMAKAR Vs. MINOTI PAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated. 27th February, 1986 passed by the learned trial Judge in a Civil Order arising out of the writ petition made by Sm. Minati Pal against the State respondents and others.

(2.) THE learned trial Judge allowed the writ petition by directing the respondents to give appointment to the writ petitioner Sm. Minati pal as a non-teaching staff in the Radhanagar Junior High School in the district of Nadia. The appellant, Sri Suranjan Karmakar made an application for post of non-teaching Class IV staff in the said School pursuant to an advertisement made in the daily newspaper 'dainik sumati' He appeared before the Selection Committee formed by the managing Committee of the said School and the appellant came to know that in the panel prepared by the selection committee for appointment to the said post, he was placed at the top of the panel. While the said appellant had been anxiously waiting for getting the letter of appointment to the said post he came to know that the writ petitioner Sm. Minati pal who also appeared before the Selection Committee but was unsuccessful in such selection test, had moved a writ petition before this Court and by an interim order the respondents were restrained from making any order of appointment. The said appellant thereafter appeared through sri Bikash Ranjan Bhattacharjee, a learned Advocate of this Court and sought permission of the Court to intervene in the matter and the learned trial Judge allowed the said learned counsel to make submission. But the said writ petition was disposed of on 2 7th February, 1986 when the learned counsel for the appellant could not appear and the said writ petition was allowed by the learned trial Judge inter alia directing the Managing committee of the School to appoint writ petitioner Sm. Minati Pal as a special case because she was entitled to be considered under the special category of the heirs and representatives of the persons died in harness.

(3.) IT appears that Sri Netai Chandra Pal the husband of Sm. Minati pal was a non-teaching staff of the said School and he had died in harness. Sm. Minati Pal thereafter made an application before the managing committee for being absorbed in the said school in the vacancy caused by the death of her husband and the said application was forwarded to the district Inspector of Schools by the Managing Committee. It appears that the Secretary of the said School by letter dated 26th February, 1985 sought permission from the District Inspector of Schools for filling up the vacancy of Class IV staff which fell vacant due to the death of sri Netal Chandra Pal and by a letter dated 8th July, 1985 the District inspector of Schools, Nadia, informed the Secretary of the School to fill up the said vacancy by duly qualified Class IV Staff. After receiving permission from the District Inspector' of Schools (SE), Nadia, an advertisement was published, in the Dainik Basumati on 16th September, 1985 and a number of persons including the appellant Sri Suranjan Karmakar and the said Sm. Minati Pal appeared before the selection committee and the said Sm. Minati Pal was not found suitable by the Selection Committee and three persons were found suitable by the selection committed including the said Suranjan Karmakar whose name was placed first in the panel The said panel was thereafter forwarded to the Managing committee and to the District Inspector of Schools, Nadia for approval but the said-panel was not approved in view of the interim order obtained by the said Sm. Minati Pal. The managing committee supported the said sri Suranjan Karmakar, the appellant in the instant appeal, and it was contended by the appellant since, supported by the Managing Committee that as the said Sm. Minati Pal was unsuccessful before the Selection committee and as her name was not forwarded by the District Inspector of School before the selection was held, the said Sm. Minati Pal could not claim appointment in the vacancy caused by the' death of her husband as a matter of course. It has been contended by the appellant that when the School Authorities sought for approval from the District Inspector of Schools for filling up the vacancy caused by the death of Netal Chandra pal, the District Inspector of School gave approval but the District Inspector of Schools despite being informed of the death of the said Netal chandra Pal, did not forward the name of Sm. Minati Pal or any other person in the category of the legal heirs and representatives of the persons dying in harness for being considered by the said school. The School, authorities were therefore justified in giving advertisement in filling up the said post in Dainik Basumati. The said Sm. Minati Pal had also appeared before the said Selection Committee along with other candidates but she was not found suitable by the Selection Committee but the appellant was placed at the top of the panel prepared by the Selection Committee since addressed by the Managing Committee and forwarded by the District Inspector of Schools.