PABAN KUMAR DUTTA Vs. THE STATE OF WEST BENGAL AND ORS.
LAWS(CAL)-2011-6-111
HIGH COURT OF CALCUTTA
Decided on June 21,2011

Paban Kumar Dutta Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

J. Bhattacharya, J. - (1.) Two writ petitions were filed by different writ Petitioners challenging a common selection process initiated by the school authority of Porachingra G.A. Vidyapith (H.S.) in the District of Purba Medinipur for filling up one vacancy in the post of Librarian in the said school. One of such writ petitions being W.P. No. 19279(W) of 2009 was filed by the Panchayat nominee, who was a member of the Selection Committee. The other writ petition being W.P. No. 5430(W) of 2010 was filed by an unsuccessful candidate. Since both the writ petitions were filed concerning a common selection process, this Court feels that both the writ petitions should be heard analogously and should be decided by a common order so that possibility of conflict of decisions may be avoided. Accordingly, both the writ petitions were heard analogously.
(2.) Let me now give the brief history of the case for which the Petitioners of the respective writ petitions had to file the aforesaid writ petitions.
(3.) As a matter of fact, the concerned District Inspector of School granted prior permission for filling up two vacancies in non -teaching posts in the said Schools. One of such posts was the post of Librarian and the other post was the post of Clerk. The Panchayat nominee, who is the Petitioner in the first writ petition, was a common member in both the Selection Committees which were constituted by the school authority for selection of suitable candidates for both the aforesaid posts. Since there was no dispute with regard to the selection of the candidates for filling up the post of Clerk in the said school and further since the selected candidate has already been appointed in the said post without any dispute, this Court does not feel it necessary to discuss the selection process concerning the post of Clerk in the said school in detail.;


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