LAWS(CAL)-2009-8-52

MOTIN SAIKH Vs. STATE OF WEST BENGAL

Decided On August 19, 2009
MOTIN SAIKH Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) THE petitioner and the sixth respondent were contenders for appointment to a post of group C staff in Pathardanga Sarbapalli High School (hereafter the school ). An interview was conducted on 14. 11. 2008 wherein both participated. A panel was prepared by the selection committee in which the petitioner and the sixth respondent secured first and third positions respectively, which was later on accepted by the Managing Committee of the school and forwarded to the office of the District Inspector of Schools (S. E.), Burdwan on 17. 11. 2008. The district Inspector approved the panel on that very date. In pursuance thereof, the school issued offer of appointment in favour of the petitioner and he joined service on 19. 11. 2008. The District

(2.) INSPECTOR also approved his service on 7. 12. 2008. In the meantime, however, the sixth respondent invoked the writ jurisdiction of this Court by filing a petition wherein the process of selection was challenged by him. The writ petition was disposed of on 23. 2. 2008 by a learned Judge of this Court by passing, inter alia, the following order : with the consent of the Parties, this Writ Petition is therefore disposed of by directing the director of School Education, Government of West Bengal to look into the affairs of the school and if necessary, cause an investigation to be made by a competent Officer and take action in accordance with law. The Director of School Education is directed to take a decision after giving an opportunity of hearing to the Petitioner, the Respondent No. 9 as well as to the school Authorities and also to the Secretary of the Managing Committee as well as to the district Inspector of Schools, if necessary. The decision of the Director of School Education should be taken within a period of eight weeks from the date of receipt of a copy of this order.

(3.) THIS Court, at this stage, is not inclined to pass any interim Order save and except to only observe that the preparation of the panel and/or its effect shall be subject to the decision that is taken by the Director of School Education.