MONIRUL ISLAM MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) WE have heard the learned counsel for the parties at length. The petitioner was a candidate for the post of post in Amtala Annodamani Balika Vidyalaya (H. S. ). He appeared for the interview on 23rd July, 2008. After appearing in the interview and after declaration of the result, he filed the present writ petition claiming that the process of selection was illegal. The appellant claims to have submitted a representation dated 29th July, 2008 before the competent authority stating therein that the typing test had been conducted illegally only to exclude him from the first position. He stated that the invigilator for the typing test did not belong to the school. He also stated that the school had provided obsolete typewriter to the candidates for the typing test. He suspects that the selected candidate has either been permitted five minutes time for typing, instead of the stipulated one minute or an already typed sheet has been handed over to the selected candidate. The writ petition has been dismissed by the learned single Judge by order dated 25th August, 2008 with the observations that since the petitioner had participated in the interview held on 23rd July, 2008, he cannot now be permitted to challenge the same.

(2.) LEARNED counsel for the respondents submits that the aforesaid view of the learned single Judge is based on the law laid down by the Supreme court in the case of Madan Lal and Ors. v. State of Jammu and Kashmir and Ors. reported in AIR 1995 SC 1088. We have perused the judgment of the Supreme court in which it is categorically held as follows:

(3.) IN view of the aforesaid ratio of law, the petitioner having participated in the interview cannot now be permitted to challenge the same. In our opinion, no injustice has been caused to the petitioner. In such circumstances, we find no merit in the appeal. The appeal is accordingly dismissed by treating the same as on day's list. The application for stay is also dismissed. Appeal dismissed