JAYANTA KUMAR BISWAS, J. - (1.) The petitioner in this Article 226 petition dated January 6, 2009 is seeking the following final reliefs: "(a) A writ in the nature of a writ of Mandamus commanding the respondents, specially the respondent no.3 to look into the grievances of the petitioner and thereby recast the panel submitted by the respondent No.4 by deleting the name of the respondent No.7 from the said panel prepared on the basis of interview held on 17.12.2008 and make fair selection and appointment by including the name of the petitioner in the panel being the best candidate for clerk of Gudhia High School, (H.S.), District Murshidabad. (b) A writ in the nature of a writ of Certiorari directing the respondents to certify and transmit to this Hon'ble Court the records of the case including the panel and score sheet of the candidates at the time of hearing or so as to be fixed so that consicionable justice may be done by perusing the same and quashing necessary part thereof."
(2.) Gudhia High School(H.S.) in Gudhia of the district Murshidabad initiated a process according to the West Bengal Schools (Recruitment of Non-teaching Staff) Rules, 2005 for recruitment of a clerk. The selection committee was to be constituted according to the provisions of rule 6. Clause (b) of sub-rule (1) of r.6 provides as follows: "(b) For the selection of a Clerk or a Group-D staff in a school, the selection committee shall consist of the following:- (i) Headmaster, (ii) Secretary of the school authority: Provided that if the Headmaster and the Secretary of the school authority are one and same person, the President of the school authority shall be the member of the selection committee: Provided further that nothing in the last preceding provision shall be applicable in case there is an Administrator of the school. (iii) Headmaster of a school in the same sub-division as the school for which the Clerk or the Group-D staff is to be selected is situated, and (iv) A nominee of the Panchayet Samity or Municipal Corporation or Municipality or Notified Area Authority as the case may be: Provided that no person who is a staff of a school shall be nominated as the nominee. "
(3.) The petitioner and the seventh respondent, Selim Saikh, were two of the candidates who participated in the process and were interviewed by the selection committee on December 17, 2008. The petitioner claims to have submitted a representation dated December 24, 2008 requesting the District Inspector of Schools, Murshidabad to make an investigation and delete Selim's name from the select candidate list on the grounds that the secretary of the school, a relation of Selim, as a member of the selection committee influenced the members of the committee; and that though he was the fittest candidate, the committee, indulging in favouritism, did select him.;