BIMAL BARMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) CHALLENGING the judgment and order dated 12th June, 2007 passed by the learned Trial Judge in the writ application registered as W. P. No. 21128 (W) of 2006, this appeal has been preferred by the writ petitioners. Learned Trial Judge dismissed the writ application on the ground of lack of locus standi to move the writ application by the writ petitioners, which was on the grievance that the respondent No. 10 in the writ application though was not eligible to be recommended by Service Commission and thereby to be appointed in the post of Headmaster due to lack of minimum percentage of marks fixed for academic qualifications from Secondary level to Master degree but was recommended by the School Service Commission and. thereby was appointed for the post of Headmaster in the concerned school, wherein the writ petitioners wards are studying, by committing fraud and suppressing the material facts of his service status in the application seeking recommendation before th. e School Service Commission and purportedly disclosing the wrong facts to deceive the said School Service Commission for the purpose of availing exemption from the embargo of securing minimum percentage of marks in Master Degree, Secondary and Higher Secondary level as was granted to the existing Headmaster of a school by contending, inter alia, that he was an approved existing Headmaster of a school, namely, uttar Sankarpur S. C. High School, though his such claim was negatived by the judgment passed by Barin Ghosh, J. (as His Lordship then was) being the judgment and order dated 13th August, 2001 passed in W. P. No. 10789 (W) of 2001, whereby and whereunder in the writ application he prayed for a declaration of his status as Headmaster on the ground Of holding the post of Teacher-in-Charge of the concerned school for a long period to resist the selection of a candidate in the post of Headmaster in the concerned school. Learned Trial Judge did not consider the point about commission of fraud by the respondent No. 10 who joined in the post of Headmaster of purgram S. C. High School, Uttar Dinajpur on the recommendation of West bengal School Service Commission, wherein admittedly for consideration of his candidature under exempted category, said respondent No. 10 disclosed his service status as existing approved Headmaster of Uttar sankarpur S. C. High School to avail the exemption from academic qualification standard and more particularly, securing of minimum percentage of marks in the Master Degree, Secondary and Higher secondary level. Learned Trial Judge held that prayers for writ of mandamus and certiorari were not maintainable by the writ petitioners as they were not the party aggrieved by such appointment irrespective of the fact of commission of fraud and thereby dismissed the writ application. Order of the learned Trial Judge under appeal reads such :

(2.) BEFORE us, a stay application was filed by the writ petitioners/ appellants. Affidavit-in-opposition and reply thereof also were filed. Before dealing with the issue of the appeal on merit as the locus standi point is not contoured with any straight jacket formula but depends upon many factors and also in view of the fact that under Article 226 of the Constitution of- India the writ Court has power and jurisdiction to reach anywhere to protect the constitutional mandate of Article 14, 16 and 21 of the Constitution of india, which are the basic structure of the Constitution by identifying the issue as to whether the concerned authority properly selected a candidate in accordance with law and the statutory provision, more particularly, when such selection and appointment is to a post of Headmaster of a school, wherein the students of tender age are studying, whose future prospects depends upon the quality of teaching of the teaching staff as well as their moral character and the personal reputation, the Court directed the production of the records from the School Service Commission to identify the issue whether in fact the respondent No. 10 misrepresented his service status in his application seeking consideration of his candidature for the post of Headmaster of Pugram S. C. High Court, Uttar Dinajpur by disclosing himself as an existing approved Headmaster of Uttar Sankarpur S. C. High school and also to test the another vital facts of the case as to whether the judgment delivered by Barin Ghosh. J. (as His Lordship then was) aforesaid, declaring the service status of the respondent No. 10 was breached by the said gentleman disclosing his service status otherwise. The documents produced. The Court perused the materials thereof, including the original application submitted by the respondent No. 10 seeking consideration of his candidature for the said post of Headmaster.

(3.) IT appears from the records produced as well as the documents filed before this Court, which is in the Paper Book at page 88, that the gentleman in the application form at Col. 8, which is under the heading "record of continuous teaching experience in approved service as on the date of advertisement" disclosed that with effect from 1st May, 2000, he was working in the post of Headmaster as approved Headmaster of Uttar sankarpur S. C. High School, Uttar Dinajpur. This application form was signed by the petitioner on 22nd August, 2005. The exact language as used in Col. 8 reads such :