MOHAMMAD NAJMOL HOQUE Vs. MOHAMMAD MAJEDAR RAHAMAN

JUDGEMENT

(1.) -This appeal is directed against the order dated 20.8.98 passed by a learned single Judge of this court in W.P. No. 18372(W) of 1997.

(2.) The fact of the matter lies in a very narrow compass. A post of Assistant Teacher in Karanji Senior Madrasah fell vacant and in respect whereof, prior permission had been granted by the District Inspector of Schools (S.E.) to fill up the said post. As the name of the writ petitioner/respondent was not sponsored, he filed a writ application before this court which was registered as W.P. No. 5656 (W) of 1997. S. R. Misra, J by order dated 4.4.97 disposed of the said writ application permitting the petitioner to appear at the interview subject to the verification as to whether the names of the candidates who are juniors to the petitioner had been sponsored by the Employment Exchange or not. Pursuant to the said direction, the petitioner had appeared at the interview. The petitioner was empanelled. As the said panel was not approved, the petitioner filed a writ application. In that writ application, the petitioner, inter alia, has contended :

(3.) It was the further case of the petitioner that he registered his name in the Employment Exchange at Raigunj on 9.9.1987. The admitted fact is that the petitioner passed the Alim Examination in the year 1985, Fazil Examination in 1987 and M.M. Examination in the year 1989. Despite the fact that he passed the M.M. Examination in the year 1989, he did not get the said qualification registered with the Employment Exchange immediately but only on 16.1.97 the said qualification was recorded with the Employment Exchange. Before the learned trial Judge, the Employment Exchange Manual had not been produced. In the aforementioned sitution, the learned Judge observed: