ALOK KUMAR MAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE facts, as ventilated in the application under Article 226 of the constitution of India, being W. P. No. 25886 (W) of 2008, may briefly be stated as follows:-In respect of a vacant Group-D post at Sarpai Model Institution, selection process was initiated and in response to the request, Local employment Exchange sponsored the names of 35 eligible candidates. On 22nd August, 2008, Additional District Inspector of schools (SE), Contai, gave necessary permission. Being equipped with an order of the Court, the petitioner participated in the interview. He stood second having scored 0. 5 marks less than the private respondent who got 7. 5 marks. Members of the Selection Committee themselves allegedly corrected spelling mistake committed by the private respondent in order to ensure that he could top the list.

(2.) THOUGH there was change in the Panchayat Samity and the name of the earlier nominee was not nominated, the Selection Committee was not reconstituted. This was under the influence of the Secretary of the school who is brother of the private respondent.

(3.) SIMILAR grievance was also made by one candidate, namely, ashoke Kumar Mondal, but to no avail. The petitioner approached the additional District Inspector of Schools (SE), highlighting the illegality and sought to be declared as the successful candidate. Since the writ Court cannot be called upon to decide the factual dispute, prayer had been made for issuance of a writ of certiorari directing production of the records.