SHIKHA KARMAKAR Vs. BIMAL CHANDRA MANDAL & ORS.

JUDGEMENT

(1.) C.A.N. 9399 of 2017 is an application for stay in an intra-Court writ appeal, which is directed against the judgment and order dated September 07, 2017 passed by a learned judge of this Court. By such judgment and order, the learned judge disposed of a writ petition [W.P. 27717(W) of 2015] presented by the respondent no.1 in the appeal (hereafter the 'writ petitioner') with certain directions.

(2.) While hearing the stay application, we have heard Mr. Moitra, learned senior advocate for the appellant, Mr. Bari, learned advocate for the writ petitioner and Mr. De, learned senior Government advocate appearing for the respondents 2 to 5 at some length on the merits of the appeal. We, accordingly, propose to dispose of the appeal here and now with their consent.

(3.) The controversy raised relates to recruitment on the post of Assistant Headmaster/Assistant Headmistress in Gobindapur High School (S.E.), P.O.- Gobindapur, District-Purulia. The writ petitioner, the appellant and two others were aspirants for appointment on such post. The managing committee of the school had prepared a panel wherein the writ petitioner figured at the first position, followed by one Asimananda Mahato and the appellant at the second and third positions respectively. Such panel was forwarded by the managing committee to the District Inspector of Schools (S.E.), Purulia (hereafter the 'district inspector'). It seems that a clarification vide memo no. 456/PRI dated May 29, 2015 was sought for, to which the Commissioner of School Education, West Bengal (hereafter the 'Commissioner') vide memo no. 1471-GA dated October 06, 2015 responded as follows: