MUKTIPADA MAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the order dated 18.3.98 passed by a learned single Judge of this court whereby and whereunder, inter alia, keeping in view the fact that one of the score-sheet was missing, the learned trial Judge directed: "Let candidates who had appeared in the earlier interview be again called for fresh interview by the Selection Committee. In granting marks to the candidates who appear at the said interview, the Selection Committee shall take into account the score-sheets that were seized by the Police. Let the said score sheets be handed over by the Police authorities to the Selection Committee. Such interview shall take place within a fortnight from the date of communication of this order to the Selection Committee. Upon such interview being held as aforesaid, fresh panel shall be prepared on the basis of the successful candidates within a fortnight thereafter and the Selection Committee shall thereupon submit the said panel within a week thereafter to the District Inspector of Schools (S. E.), Midnapore for his approval. The Selection Committee shall hold the interview and prepare the panel in accordance with the relevant rules. The Office-in-Charge of the local Police Station is directed to depute police personnel at the time when the aforesaid interview takes place so as to ensure that no interference is caused by way outsider. The writ petition is accordingly disposed of but without any order as to costs."

(2.) Had the interview taken place in terms of the Recruitment Rules, much could have been said about the order impugned in this appeal, but it is not in dispute that the writ petitioner/appellant had appeared at the interview in terms of the order dated 17.7.97 passed in W.P. No. 13521(W) of 1997.

(3.) However the matter came up for consideration before a Special Bench of this court (Reported in CAL LT 1998(2) hc 398) wherein it has been held that the decision of the apex court in the case of Excise Superintendent, Mulkapatnam, Krishna District, A.P. v. K.B.N. Visweshwara Rao & Ors. reported in 1996(3) SCC 216 on the basis whereof the said order dated 17.7.97 was passed by the learned trial Judge does not lay down an inflexible rule and in any event is not applicable. In a case where recruitment is governed by a statutory rules. The Special Bench hold: "33. Having considered the submission of learned counsel for the parties we are of the view:-