SK RUKUNUDDIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BASUDEBPUR K. N. P. C High School in the District of howrah obtained prior permission to fill up the post of Arabic Teacher on august 25, 1992. They asked the Employment Exchange to sponsor the eligible candidates. Employment Exchange sponsored the list of eligible candidates including three candidates, namely, Sk. Rukunuddin, Abdul halim Mollick and Sk. Saifullah.

(2.) SK. Rukunuddin was graduated with honours in Arabic. He also obtained post graduate qualification. Abdul Halim Mollick was a science graduate together with Special B. A in Arabic having 300 marks. School took the interview in early part of 1994 and sent the panel to the District Inspector. The District Inspector, however, did not take any step on the said panel. In 1995 Abdul filed a writ petition, inter alia, praying for a direction upon the district Inspector to expedite the process of consideration. While the said application was pending in 1997 Sk. Rukunuddin filed a writ petition challenging the said panel as according to him both Saifullah and Abdul did not have the requisite qualification and he should be given employment being the third empanelled candidate after Abdul and Saifullah respectively. Both the writ petitions were heard together by learned Single Judge. Learned single Judge rejected the contention of Sk. Rukunuddin and directed the district Inspector to consider the panel at an early date. In terms of the direction of the learned Single Judge the District Inspector approved the panel. Abdul accordingly got appointment in 1999 and since then he is working in the school as Arabic Teacher.

(3.) BEING aggrieved and dissatisfied with the judgment and order of the learned Single Judge Rukunuddin filed the instant appeal which has now come up for hearing before us.