SHYAMAL KUMAR MAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application has been filed in connection with the appeal preferred from the judgment and order dated 8th January, 2010 whereby and whereunder a learned Judge of this Court dismissed the writ petition filed by the appellants herein on merits. Going through the records we find that pursuant to an interim order passed by the learned Single Judge appellants-petitioners were allowed to appear in the written examination and participate in the selection process for recruitment to the post of Assistant Teachers under the District Primary School Council, Purba Medinipur although the appellants were not sponsored by the Employment Exchange. Ultimately, on 8th January, 2010 the writ petition was finally taken up for hearing by the learned Single Judge and the order impugned under appeal was passed upon relying on the decision of this Court in the case of Tanmoy Ramaya Lahiri & Others vs. The State of West Bengal & Others, 2008 3 CalLT 205 wherein it has been held that the selection process should be confined only to employment exchange sponsored candidates. Since the petitioners/appellants herein were not sponsored by the employment exchange, learned Single Judge upon relying on the judgement of Tanmoy Ramaya Lahiri & Others held that the said petitioners had no right to appear in the written examination in order to participate in the selection process for recruitment to the post of Assistant Teacher under the District Primary School Council, Purba Medinipur.

(2.) Mr. Bari, learned counsel representing the appellants referred to and relied on a judgment of the Division Bench of this Court passed on 29th September, 2011 in the case of Biswajit Das & Others vs. State of West Bengal & Others [M.A.T. 237 of 2010] wherein the said Division Bench considered the decision of the earlier Division Bench in the case of Tanmoy Ramaya Lahiri & Others and also another judgment of the Division Bench in the case of Manick Ch. Das vs. State of West Bengal & Others, 2007 2 CalHN 761. The Division Bench of this Court in the case of Biswajit Das & Others specifically relied upon the decision of the Supreme Court in the case of Excise Superintendent, Malkapatnam vs. K.B.N. Visweshwara Rao, 1996 6 SCC 216 and also the earlier judgment delivered by the Division Bench of this Court in the case of Manick Ch. Das . In the case, of Manick Ch. Das the Division Bench considered the Full Bench judgment of this Court in the case of Rabindra Nath Mahata vs. State of West Bengal & Others, 2005 3 CalHN 337 and also the decisions of the Supreme Court in the case of Excise Superintendent, Malkapatnam and Arun Kumar Nayek vs. Union of India & Others, 2006 8 SCC 111.

(3.) The Division Bench of this Court in the case of Biswajit Das & Others also specifically considered the earlier Division Bench judgment of this Court in the case Manick Ch. Das and the Full Bench judgment of this Court in the case of Rabindra Nath Mahata apart from the Supreme Court judgment in the case of Excise Superintendent, Malkapatnam and Arun Kumar Nayek .