DEBORAM MANNA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) As the two matters raise similar questions for consideration the above writ applications have been taken up analogously and are being disposed of by this common judgment and order :- In AST 2379 of 1998 ; about eleven petitioners have claimed that their names have been sponsored by the District Employment Exchange in the District of Midnapore for appointment to the post of Primary Teachers. The petitioners state that they have requisite qualifications for holding the said post and that they have been denied the opportunity of participating in the interview although they have submitted the requisite certificates as called for by the respondent Primary Council pursuant to the letters issued in that behalf. The petitioners have not been called in the interview which is proposed to be held on 29.11.98 for the purpose of preparation of panel of eligible Primary Teachers to be appointed in the vacancy of Primary Schools in the District of Midnapore. The petitioners have not been informed of the reasons as to why they have not been called for the interview and that the aforesaid action of the respondent-Primary Council, is, therefore, discriminatory and violative of the rights guaranteed under Article 16 of the Constitution of India. The petitioners have prayed for cancellation and/or setting aside the interview proposed to be held on 29.11.98 and in the alternative a writ in the nature of Mandamus directing the respondent Primary School Council to issue interview letters to all of the eligible candidates including the petitioners. In AST 2364 of 1998; the petitioner therein has prayed for similar relief of a writ in the nature of Mandamus for directing the respondent Primary Council to issue interview letters in the written test which is scheduled to be held on 29.11.98.

(2.) On behalf of the respondents Sri S. Bhuiya, learned senior counsel along with Mr. A. Maity appeared for the Primary Council and Mr. S.K. Panja and Mr. S. Banerjee appeared on behalf of the State and made their oral submission.

(3.) Mr. Bhuiya on behalf of the respondent Primary Council made oral submissions upon instructions.