P.K.Mukherjee, J. - (1.) This writ petition was moved on behalf of Amitava Mukherjee praying, inter alia, for a Writ in the nature of Mandamus upon the respondents directing them not to give any further effect to the Memo. No, WBFS/6510/RC-A/AMO/84-85 dated October 31, l988, issued by the Director West Bengal Fire Service, being respondent No. 2 herein, which is annexure E to the writ petition.
(2.) By the said communication, in reply to the letter demanding justice filed on behalf of the writ petitioner, the Director of West Bengal Fire Service informed Mr. Ashok Kumar Jana, learned Advocate for the writ petitioner, to the following effect: (a) Your client has given you incorrect as well as incomplete instruction in the matter of panel and appointment from the panel of Assistant Mobilising Officer under the Directorate of Fire Service. (b) There were total number of 23 vacancies in the said post of Assistant Mobilising Officer (hereinafter referred to as the AMO, for brevity) under the Director of west Bengal Fire Service and after written test and interview a panel was prepared strictly according to merit on the bus of the said test and interview. (c) The said panel was prepared with 25 candidates. to provide for possible dropouts. Out of the said 23 vacancies, 6 posts were reserved for scheduled casts/scheduled tribe candidates. (d) Appointments were given from the said panel strictly according to the position of the candidates in the panel. As your client's position in the panel was as one of the lowest mark holders, he did not get any appointment. As a matter of fact, whenever a panel is prepared, the same includes candidates more than vacancies to meet the situations arising from some candidates not, turning up or for any reason not being available. (e) Inclusion of name in the panel is not a guarantee for appointment. (f) Your client has and should have no justification for demanding appointment only because his name was included in the panel. Mr. Phalguni Sarkar, learned Advocate appearing on behalf of the petitioner, at the final hearing of the writ petition has placed the communication issued by the Director of Fire Service dated October 3, 1985, which is annexure A to the writ petition.
(3.) It appears that the Director of West Bengal Fire Service informed the writ petitioner Amitava Mukherjee to the following effect:- "You have been selected for employment in the Directorate of West Bengal Fire Service for the post of A M.O subject to verification of antecedents by Police authorities and certain other conditions. As such blank verification of antecedents form in duplicate as sent to you for favour of properly filing in the same and early submission to this Directorate. Sd/- Illegible Director West Bengal Fire Service.";