S.B. Sinha, J. - (1.) Having heard the learned counsel for parties and having perused the Application under section 5 of the Limitation Act, we are satisfied that there was sufficient reason shown by the Applicant in not being able to file the Review application within the prescribed time limit. The delay in filing the Review application is condoned. The application under Section 5 of the Limitation Act is allowed. Let the application be now registered if it is otherwise in form. It further appears that, as submitted by the learned counsel, deficit court fees has been filed vide Filing No. A4178 dated 24.3.2000. The defect as regards deficit court fees is thus removed. As regards the other defects, the learned counsel is directed to remove the same as early as possible, and the same is ignored for the present.
(2.) This review application has been filed for review a judgment and order dated 10.6.99 passed by this Bench in M.A.T. 1730 of 1998 at the instance of the applicant, Syed Kazim Ali. Before proceeding to consider the submissions made at the Bar on merit, it is necessary to state a few facts which are admitted.
(3.) For the purpose of filling up vacancy in the post of the Assistant Teacher in Work Education in Chorolmoni Junior High School, a prior permission was granted on 29.2.96. The school in question was upgraded to High School on 1.3.96. Pursuant to the said order granting prior permission, Employment Exchange sponsored in names of the eligible candidates and interview took place on 21.6.96, whereafter a panel was prepared. The said panel was approved by the concerned District Inspector of Schools on 23.7.96. The applicant herein was at serial No.2 of the said panel, whereas one Chandan Kumar Ghosh was at serial No.1 thereof. The aforementioned Chandan Kumar Ghosh was appointed and joined school on 1.8.96 as Assistant Teacher, work Education Group. On or about 17.12.96, i.e. after serving a few months as an Assistant Teacher in Work Education Group, he made an application for being shifted to Science Group as an Assistant Teacher of Mathematics and by an order dated 17.12.96 passed by the District Inspector of Schools, he was directed to be treated as Science teacher with effect on 1.8.96. The contention of the applicant is that in this view of the matter, he became entitled to be offered appointment as a second empanelled candidate. Further he did not make any application or representation till 5.5.97. In the meantime, on 30th April, 1997, the School Authorities as also the District Inspector of Schools considering the panel to have been exhausted and the post having become vacant in work education group, granted a second prior permission in respect of the Seventh post which was reserved for Scheduled Caste candidates. Pursuant to or in furtherance of the said proceeding a panel was prepared, wherein the appellant in the original appeal, Jagat Mohan Roy became first empanelled candidate. The review applicant, Syed Kazim Ali, filed a writ application before this court questioning the alleged prior permission and by an order dated 28.2.97 such writ application was disposed of by directing the Director of School Education, West Bengal, to consider the representation dated 5.5.97. The Director of School Education in terms of the said direction passed an order on 29.1.98 stating:- "No representative from the office of the Distt. Inspector of Schools is present to make their submission. The Hon'ble High Court in terms of his order dated 22.8.97 in W.P. No. 10542(W) of 1997 has directed the Director of School Education to consider the representation of the petitioner and dispose of the same in accordance with law by passing a speaking order. The writ petition is examined. Heard the submissions and after consideration of all these it is observed that the incumbent (Sri Chandan Ghosh) is still existing in the School though in a different group. But this is not a case of leaving the school by giving resignation, opening thereby a scope for the 2nd person in the panel to get in within the validity of the panel. The matter if reviewed from a different perspective will be clearer that the vacancy in work education group was the sixth. Had the incumbent absorbed against it, been not shifted the first vacancy out of the three posts in the upgraded stage would be reserved for the S.C. candidates. In the contingency of failure to join or leaving the school after joining within the validity of the panel, the next man in the panel can get the chance. But in the present case since the original incumbent is still in position 'in the school, the claim of the petitioner cannot sustain. Thus the matter is disposed of. all concerned be informed accordingly.";