Pratap Kumar Ray, J. - (1.) Heard the learned Advocates for the parties.
(2.) In this writ application the Petitioner has challenged the decision dated August 11, 1998 passed by the Director of School Education, West Bengal whereby and whereunder the Petitioner's prayer for awarding two marks more with reference to the certificate of extracurricular activities was rejected upon holding, inter alia, that the Petitioner never submitted any certificate relating to the extra -curricular activities before the Selection Committee. The said decision was reached by the Director of School Education, West Bengal in pursuance of the direction passed by R. Bhattacharyya J. (as His Lordship then was) in the writ application being W.P. No. 17619 (W) of 1997. The said writ application was disposed of by directing that the Director of School Education, West Bengal would consider the matter in the light of the direction of the Division Bench as passed in F.M.A.T. No. 228 of 1996 filed by the private Respondent No. 9 challenging the order dated January 9, 1996 passed by G.R. Bhatta -charjee J. (as His Lordship then was) in Company No. 13010 (W) of 1991. Hence the impugned decision in this writ application to be considered in the angle of the judgment as passed by the Division Bench in the aforesaid appeal. In the writ application the judgment of the Division Bench has been annexed wherein at page 5 of the said judgment (corresponding to 121 of the writ application) the direction of the Division Bench was reflected which reads thus: Accordingly, it is to be considered as to whether 'the Respondent No. 1 in view of his extra -curricular activities and in the facts and circumstances of the case was to be at serial No. I of the panel. To our considered mind, the Director of School Education should scrutinize and examine the matter in details and see whether the certificates had been actually produced by the Respondent. He will come to an independent decision by his own in this regard and if he finds that the Respondent No. 1 produced the certificates before the Interview Board he will change the panel. If he so chooses he may examine the parties as well as the outside expert who was in the interview board. After such investigation he may also scrap the panel if he thinks fit and' take interview afresh and pass necessary orders in accordance with rules.
(3.) Hence, it is clear that the Division Bench of this Court directed the Director of School Education, West Bengal to reach in an independent decision as to whether the Respondent No. 1 therein that is the present Petitioner herein produced the certificates before the Interview Board and further it was directed that in the event of a positive answer and/or findings that those documents were produced, then marks to be allotted with reference to such and accordingly the panel also would be changed.;