(1.) CHALLENGING the judgment and order dated 19th January, 2005 passed by the learned Trial Judge in W. P. No. 2262 (W) of 2003, this appeal has been preferred by the respondent No. 6 of the writ application against the order, quashing his appointment in the post of Peon, a Group-D post in Dantan Bhagat Charan Junior High School on the reasoning that the respondent No. 6's participation in the interview, a non-sponsored candidate, by the decision of the Managing Committed of the school was not in accordance with law, irrespective of the fact that the respondent No. 6 got an order on 19th February, 2001 in another writ application being W. P. No. 1907 (W) of 2001 whereby and whereunder managing Committee of the school was directed to consider his application seeking permanent appointment in the post in question.
(2.) THE respondent No. 6 moved the writ application being W. P. No. 1907 (W) of 2001 on the ground that as he was discharging duty of peon in the concerned school without any remuneration and voluntarily, his appointment should be made permanent following the recruitment rules in the vacant post of Peon. D. P. Kundu, J. (as His Lordship then was)disposed of the said writ application by the order dated 19th February, 2001, which read such:-
(3.) THE Managing Committee of the school in pursuance of such order allowed his participation in the selection process, which following the recruitment procedures issued by Director of School Education, West Bengal as was in vogue at the material time being recruitment procedure issued under authority and power in terms of Rute 28 of the Rules for Management of Recognized Non-Government Institution (Aided and Unaided) Rules, 1969, hereinafter for brevity referred to as Management Rules, 1969, was already started by inviting the names of eligible candidates from the employment Exchange, which was the only mode to call for the candidates for fillinq up the post as per said recruitment procedure.
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