A.K.Nandi, J. - (1.) The plaintiff filed Title Suit No. 30 of 1989 in the Second Court of Munsif Contai for a declaration that the plaintiff stood first among the candidates interviewed for selection of an assistant teacher for other declaration, permanent injunction, both prohibitory and mandatory.
(2.) The plaintiff alleges that the defendant School sponsored names of some candidates from the Employment Exchange for filling up a vacancy of an assistant teacher in the School. Since the Adhoc Committee of the school resolved to eliminate the plaintiff she had to file a writ being 2538(W) of 1988. In terms of direction in the writ by the High Court Committee interviewed the candidates including the plaintiff. On an illegal assessment of marks one Tapati Khatua was selected although the plaintiff stood first in the selection. The plaintiff preferred an appeal to the District Inspector of Schools who on the basis of an enquiry report cancelled the panel prepared by the Selection Committee and directed the Secretary of the school to prepare panel afresh with the candidates already interviewed. The defendant school did not prepare a fresh panel on a correct assessment of the marks obtained by the candidates in obedience to the order of the appellate authority. In violation of the order of the appellate authority fresh interview was taken on 5.10.89. This is not only illegal but also contrary to rules for interview. The school is bound to recast the panel on the basis of the earlier interview held on 17.4.88. Since the later interview was held in violation of the order of the appellate authority and in contravention of rules the plaintiff filed the suit. She also filed a petition for temporary injunction with a prayer for restraining the school authorities from preparing the panel on the basis of the interview on 5.10.89 and restraining the District Inspector of schools from approving the panel.
(3.) The Court by an order dated 2.2.90 granted an ad hoc interim injunction restraining the defendants from preparing any panel of candidates for appointment of an assistant teacher on the basis of interview on 5.10.89 and sending the panel to the District Inspector of school for approval till the hearing of the injunction petition.;