SHIVAKANT PRASAD,J. - (1.)The appellant/writ petitioner challenges the order dated 5th July, 2013 passed in W.P. No.25575(W) of 2012 (Ramesh Soren v. State of West Bengal & ors.) inter alia, on the grounds that the learned Writ Court erred in law and in fact in holding that the G.O. No.1594-SE(S) dated 26th December, 2005 as amended by the G.O. No.904-SE(S) dated 18th July, 2007 and further G.O. No.1314-SE(S) dated 17th December, 2002 does not apply in the case and F.M.A. 1014 of 2016 further should have held that the panel for the post of Laboratory Attendant was prepared by the school authority strictly in accordance with law and such panel should have been approved by the concerned respondents.
(2.)It is submitted on behalf of the appellant that the selection procedure was conducted by the school authorities strictly in accordance with law and the Government orders as referred in the Memo dated 24th January, 2011 passed by the District Inspector of Schools (SE), Hooghly having no manner of application and should have directed the respondents to grant approval of such panel and thus, the learned Trial Court was not justified in passing the order to fill up the post conducting the selection process afresh after complying with the Recruitment Rules/Guidelines issued under Memo no.1314(5)-SE(S)/4A-35/2002 dated 17th September, 2002.
(3.)The writ petitioner/appellant had moved the writ application before the Writ Court for direction upon the respondent no.3 and the respondent authorities to approve the panel for the post of Laboratory Attendant (Scheduled Tribe Category) under the Chinsurah Duff High School by setting aside the Memo No.15(4)/Law/S.E., dated 24.01.2011 pursuant to an advertisement for filling up the post of Laboratory Attendant, the writ petitioner/appellant applied for the post and participated in the selection process. He also faced the interview held on 17.11.2009 and the Selection Committee prepared a panel which was submitted before the Managing Committee and the Managing Committee by its resolution duly examined the panel and forwarded the same to the concerned District Inspector of Schools F.M.A. 1014 of 2016 (SE) for his necessary approval. The said panel was kept in abeyance by the respondent authority and by memo dated 19.07.2010 the concerned District Inspector of Schools(SE) forwarded the papers relating the panel of the said post of Laboratory Attendant before the Director of School Education for necessary instruction. In spite of submission of the panel for appointment of Laboratory Attendant for approval by the respondent authority, the competent authority did not approve the same.