ASHOKE KUMAR MISTRY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The judgment and order of the learned Single Judge dated 28th July, 2000 is sought to be impugned in this appeal. By the judgment and order impugned, the learned Trial Judge has been pleased to set aside the speaking order of the D.I. dated 30th April, 1999.

(2.) We are of the view that the appeal must be dismissed as we feel that no interference of the judgment and order of the learned Trial Judge is called for, for the facts and circumstances and the reasons stated hereunder:

(3.) The selection process was initiated for filling up of a post of Group-D (Peon) in the school Panchanandapur Sukla High School, Post-Panchanandapur, District-Malda. In the year 1995, the appellant/writ petitioner Ashok Kumar Mistry and the respondent No. 5, Pradip Kumar Sarkar, along with other candidates participated in the selection process. The panel was prepared by the selection committee and the same, after having been examined by the then managing committee of the school, was sent to the D.I. for approval who granted approval in or about 21st January, 1997. In the said panel, the position of the appellant before us was second; whereas the position of the 5th respondent was first. Though the panel was approved by the D.I., but no appointment was given by the school authority under the instruction of the D.I. on the ground that there has been no settlement of the dues of the deceased father of the respondent No. 4.