BABLU KUMAR DAS Vs. SUBRATA KUMAR RAJAK

JUDGEMENT

(1.) This Mandamus Appeal is directed against the judgement and order dated 23rd March, 2006 passed by the learned Single Judge of this Court in W.P No. 6469 (W) of 2002 (Subrata Kumar Rajak versus State of West Bengal and others) setting aside the subject re-casted panel of candidates for the post of clerk. The order of appointment also given in favour of appellant/respondent in the writ petition was also set aside.

(2.) The factual matrix has been elaborately dealt with by the learned Single Judge while disposing of the Writ Petition No. 6469 (W) of 2002. However, we feel it necessary in the interest of adjudication of this Appeal to make reference of some important facts. The facts simplicitor involved in this case are that the appellant/respondent participated in the selection process for the post of clerk in Dakshin Khanda Mahatmaji Vidyapith, Vill. & P.O. Dakshin Khanda, District Murshidabad along with many other suitable candidates. The Selection Committee was constituted by the Managing Committee of the school concerned taking prior approval of the District Inspector of Schools for filling up such post.

(3.) A panel was prepared showing one Shri Subrata Kumar Rajak, respondent no.1, as topper, while the position of appellant/respondent in the writ petition was shown as second in the same panel. The panel, as prepared by the Selection Committee of the school, was forwarded to the Managing Committee of School, which in turn forwarded the same with all relevant papers to the District Inspector of schools soliciting approval for the purpose. The appellant/respondent in the writ petition claimed to have performed well in the selection process and being dissatisfied with the selection process, proceeded to make a representation to District Administration for redressal of his grievance. District Magistrate, Murshidabad caused an inquiry deputing one subordinate Magistrate working under him and submitted a report.