BASUDEV SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The common question involved in these three Article 226 petitions is whether Biswajit Das, the petitioner in W.P. Nos.15693 (W) of 2003 and 1734 (W) of 2009, who obtained a scheduled caste certificate from the Sub- Divisional Officer, Jangipur, Murshidabad, actually belongs to the scheduled caste Sunri (excluding Saha); and hence they have been heard together.

(2.) The sub-divisional officer issued the scheduled caste certificate on February 3,1986. A vacancy, reserved for the scheduled caste, arose for a Group-D post in Khamra Bhabki Junior High School in Rajput Teghari of the District Murshidabad. According to the statutory recruitment rules, the District Inspector of Schools, Murshidabad granted the institute prior permission to fill it, Biswajit and Basudev Saha, the petitioner in W.P. No.20308 (W) of 1999, were two of the candidates who were interviewed by the selection committee on January 12, 1999. While Biswajit topped the select candidate list, Basudev occupied the second position.

(3.) The Sub-Divisional Officer, Jangipur issued a letter dated May 27,1999 asking Biswajit to appear before him within June 10,1999 for verification of his scheduled caste certificate. By a letter dated August 3, 1999 the sub-divisional officer informed the district inspector of schools that the verification report was positive. Basudev complained that Biswajit was not actually a member of any scheduled caste. Then alleging that the institute was making a wrongful attempt to appoint Biswajit, Basudev took out W. P. No. 20308{W) of 1999 dated November 2,1999.