J. Bhattacharya, J. - (1.) This litigation has a long chequered history. Selection process was initiated by the school authority of Ramtarak High School in the District of Purba Medinipur for filling up a vacancy in the post of Assistant Teacher in English in 1997, on the basis of the prior permission granted by the concerned District Inspector of Schools on 30th April, 2997 vide Memo No. 893 -S. The said selection process has not yet been concluded because of several litigations filed by various candidates who participated in the selection process for the said post from time to time. Ultimately, the panel, which was prepared by the school authority for the said post, was set aside by an order passed by a learned Single Judge of this Court on 25th August, 2008 in W.P. No. 24782(W) of 2007 which was affirmed by the Hon'ble Appeal Court in M.A.T. No. 49 of 2009 and fresh selection test was directed to be held by taking into consideration the candidature of all the candidates who participated in the selection process earlier. Thus, the right of those candidates to participate in the fresh selection process, was set at rest by the Hon'ble Appeal Court while disposing of the said appeal being No. M.A.T. No. 49 of 2009 on 26th February, 2009.
(2.) Since the right of those candidates to participate in the fresh selection process is not an issue in the present writ petition, this Court does not feel it necessary to deal with their right to participate in the fresh selection process presently. It is, thus, made clear that their right to be considered in fresh selection process will be governed by the order passed in the said writ petition which was affirmed in appeal, as aforesaid.
(3.) Let me now concentrate to the issue raised in the present writ petition.;