- (1.) This is the fourth round of litigation in this Court. All these litigations for one post of Clerk in Madanmohan Chak Chowdhury Institution, a state aided School. The school had forwarded a panel of candidates to the District Inspector of Schools (S.E.), Paschim Medinipur for approval. In that panel the writ petitioner was first and the added respondent second. Aggrieved by non-approval of that panel the writ petitioner filed W.P. No. 28567 (W) of 2006, being the second of the four writs filed. Debasish Kar Gupta, J. by his order dated 5th March, 2007 disposed of that writ application by directing consideration of the matter by the District Inspector of Schools (S.E.), Paschim Medinipur. After about one and half years he proceeded to consider the matter. He passed an order on 28th August, 2008. He held that a mob invaded the school and intimidated the selection committee to prepare the panel at its dictates. Further, the test for typing was not taken properly. Different members of the selection committee awarded different marks. The school was asked to prepare a panel afresh.
(2.) Another writ followed. This was W.P. No. 20587(W) of 2007. This writ application challenged the order of the District Inspector of Schools dated 28th August, 2008. The first point about the mob invading the school and intimidating the selection committee was before the court and dealt with by the final judgment and order dated 26th February 2009 of Indira Banerjee, J. as follows: If as alleged, there were mob fights, and a siege there should at least have been a contemporaneous complaint. It is also difficult to appreciate why the Members of Selection Committee should sign the panel. There is no reference in the order impugned to any contemporaneous complaint or even any representation. The reasons for the District Inspectors belief that the Selection Committee signed the panel out of fear have not been disclosed. The belief is apparently not based on any materials. At least no materials have been disclosed. The taking of test for typing was also before the Court. It was decided as follows: The District Inspector of Schools also appears to have drawn adverse inference from the fact that different members of the Selection Committee awarded different marks for the typing test. It is difficult to understand what irregularity, there could be, in awarding different marks. It is only fair that each Member of the Selection Committee should independently assess candidates and award marks and the average of the marks given by the respective members of the Selection Committee should be taken into account.
(3.) The matter went to the District Inspector of Schools again, pursuant to the said judgment and order dated 26th February, 2009.;