- (1.) PURSUANT to the prior permission granted by the Additional District Inspector of School (S.E.) Serampore, a selection process was initiated by Serampore Mission Girls High School for filling up the vacancy in the post of Group "D" staff from General (E.C.) category. Such process was not only initiated prior to the introduction of the new Recruitment Rules of 2009 but such selection process also commenced prior to the introduction of the Rules of 2009. Name of twenty suitable candidates were sponsored by the Employment Exchange for the said post. Since the name of the petitioner was not sponsored by the Employment Exchange, he approached this Honourable Court with a writ petition being W.P. No. 27460(W) of 2006, inter alia praying for issuance of direction upon the selection authority for allowing him to participate in the selection process for the said post. An interim order was passed by a learned Single Judge of this Court on 20th December, 2006, in the said writ petition, whereby the respondent authorities were directed to allow the petitioner to participate in the interview which was scheduled to be held on December 23, 2006 with a rider that in the event of inclusion of name of the petitioner in the panel of selected candidates, the same shall not be given effect to without the leave of the Court.
(2.) IT was further clarified therein that in the event of inclusion of the name of the petitioner in the panel of selected candidates, he will not be entitled to claim any equity for that post. On the strength of the said interim order the petitioner participated in the selection process along with other twenty sponsored candidates. Ultimately the panel was prepared by the selection committee wherein the petitioner was placed at the top in the panel. Since the said panel could not be finalized because of the interim order passed in the said writ petition as aforesaid, the petitioner again approached this Hon"ble Court seeking issuance of direction upon the concerned authority to finalize the selection process. Another learned Single Judge of this Court ultimately disposed of the said writ petition on 1st August, 2007 by granting leave to the Additional District Inspector of School (S.E.), Hooghly, being respondent no. 3 therein, to give effect to the panel of the selected candidates in accordance with the law. Despite the said order was accepted by all the parties, the concerned authority did not implement the said order. As such the petitioner had to file another writ petition being W.P. No. 21114(W) of 2008 for implementation of the said order passed by this Hon"ble Court in the earlier writ petition as aforesaid. The said writ petition was disposed of by another learned Single Judge of this Court on 5th September, 2008, whereby the District Inspector of School (S.E.), Hooghly, was directed to take a decision in respect of the panel in question within four weeks from the date of the communication of the said order to him. He was further directed to inform his decision to the Secretary of the managing committee of the said school within one week thereafter. The Secretary of the managing committee of the said school was also directed to publish the said decision in the Notice Board of the school so that all concerned persons can see the result.
(3.) PURSUANT to the direction passed by this Hon"ble Court on 5th September, 2008 in W.P. No. 21114(W) of 2008, the District Inspector of School ultimately held that the said panel could not be approved as the first empanelled candidate did not belong to the General (E.C.) category which was an essential condition for the said post. The said District Inspector of School subsequently recalled his own decision suo moto and ultimately approved the said panel after cancelling his earlier order whereby he refused to approve the said panel as aforesaid. In view of the said order which was passed by the said District Inspector of School subsequently on 19th February, 20089, the said panel stood approved and, thus, with the approval of the said panel, a right was accrued in favour of the petitioner for being appointed as Group "D" staff in the said school. Unfortunately, the said order could not been carried out as the Director of School Education, on a reference made by the concerned Additional District Inspector of School (S.E.), upset the order of approval of the panel which was passed by the concerned District Inspector of School on 19th February, 2009. The Director of School Education, West Bengal held that once an order was passed by the District Inspector of School in compliance of the order of the Hon"ble High Court, the said order became final and as such the District Inspector of School had no authority to review his own order without any further direction from this Hon"ble High Court in this regard.;