- (1.) The important question that arises for our consideration in the appeal is whether two different recruitment processes initiated at different times for filling up the separately notified vacant posts of Primary School Teacher can be clubbed together for preparing a common panel to fill up the said separately notified vacancies.
(2.) The present controversy arises pursuant to the attempt of the respondent authorities to club together two different recruitment processes separately initiated in the year 2005 and 2006 for filling up the assessed vacancies of 1365 and 300 posts of Primary School Teacher. By the common judgment and order dated 8th February, 2010, a learned Judge of this Court finally disposed of two writ petitions being W.P. No. 2044(W) of 2010 and W.P. 2145(W) of 2010 upholding the stand taken by the State-respondents to club together two different recruitment processes initiated separately in the year 2005 and 2006 for filling up the posts of Primary School Teacher. Assailing the said judgment and order passed by the learned Single Judge, writ petitioners in W.P. 2044 (W) of 2010 have preferred the instant appeal. The principal grievance of the appellants/writ petitioners is that pursuant to the requisition dated 22nd November, 2005 made by the Purba Medinipur District Primary School Council, names of the said appellants/writ petitioners were sponsored by the concerned Employment Exchange for filling up 955 posts of Primary School Teacher out of total 1365 vacant posts since 30% of the said 1365 posts were kept reserved pursuant to the Government Order issued by the Labour Department. Subsequently, on 1st March, 2006 another requisition was sent by the said District Primary School Council to the concerned Employment Exchange in respect of 300 newly created posts with a request to sponsor the names by 31st March, 2006. Out of the aforesaid 300 vacant posts, 30% were also kept reserved pursuant to the Government Order issued by the Labour Department and, therefore, requisition was sent for sponsoring the names of suitable candidates for filling up 210 additional posts of Primary School Teacher.
(3.) It is the specific contention of the appellants that since their names were sponsored by the Employment Exchange pursuant to the requisition dated 22nd November, 2005 for filling up 955 posts, they cannot be clubbed together with the candidates whose names were sponsored against the subsequent requisition dated 1st March, 2006 for filling up the additional 210 posts. The appellants herein were sponsored by the Employment Exchange in response to the requisition dated 22nd November, 2005 and they submitted their Bio-data and testimonials to the Purba Medinipur District Primary School Council in the year 2006. However, for a considerable period thereafter, no further step was taken by the concerned District Primary School Council for filling up the aforesaid vacant posts of Primary School Teacher. Suddenly, on 6th August, 2009, said District Primary School Council published a notification indicating that new recruitment process will be initiated for recruitment to the post of Primary School Teacher. This was an open advertisement. The aforesaid new process was initiated in view of amendment of the Recruitment Rules of 2001 in the year 2009.;