ABU AHAMMAD ALI Vs. MD. MAHASIN

JUDGEMENT

(1.) ABOVE three appeals involved identical questions of fact and law and as such are disposed of by this common judgment and order. In the foregoing judgment the pages referred to hereinafter would, however, relate to F.M.A. 126 of 2004, if otherwise not specified.

(2.) MAHALANDI G.C. High School in the District of Murshidabad appointed one Abu Ahammad Ali (hereinafter referred as Abu) as Assistant Teacher in History when the post fell vacant on the retirement of one Amalendu Ghosh in 1991. Such appointment was purely on voluntary basis. The Recruitment Rule was not followed at all. The school thereafter obtained necessary permission from the District Inspector for filling up the said post. The school upon getting prior permission, approached the Employment Exchange for sponsoring names of eligible candidates. Abu did have the requisite qualification. He was a post -graduate in History from Calcutta University. He had also training qualification being B.Ed, from University of Calcutta.

(3.) THE school held interview on October 16, 1993 when Abu participated along with other sponsored candidates including one Md. Mahasin (hereinafter referred to as Mahasin). Panel was prepared. Abu was placed at the top of the panel having extra ten marks awarded by the selection committee reckoning his past service. Mahasin claimed that he was placed at the second position.