S.K.Mukherjee, J. - (1.) This is an application under Article 226 of the Constitution of India (writ petition in short) alleging inaction on the part of the District Inspector of Schools (S.E.), District: North 24 Parganas in not approving the panel for appointment of Assistant Teacher in language group in Ashoknagar Boys' Secondary School.
(2.) The facts relevant for disposal of the writ petition are as under: (a) On account of retirement of Gour Kanti Ray, Assistant Teacher in language group of the said school, the District Inspector of Schools granted prior permission to the school authorities under Memo No. 1321/G dated November 11, 1995 towards preparation of panel for appointment to the said post. It is indicated in the prior permission that the said post was meant for general category candidates and the qualification prescribed was B.A., preferably trained; the school authorities were directed to follow first and second stages of the recruitment procedures simultaneously. (b) The school notified the vacancy to the District Employment Exchange at Barasat and the Employment Exchange Officer on April 4, 1997 forwarded twenty names to the school authorities. (c) The District Inspector of Schools, also, forwarded three names to the school authorities under Memo No. 1321/G dated May 5, 1997 from the category of approved non-teaching staff, who got their names enlisted in the register maintained by his office. One of the names sponsored by the said District Inspector of Schools was of Suvash Chandra Dutta, who was an approved clerk of the said school. (d) However, the District Inspector of Schools nominated, on September 15, 1997, B.P. Halder, Assistant Inspector of Schools (S.E.) to act as the Administrator of the school. (e) The Headmaster of the said school issued call letters dated September 20, 1997 to the candidates requiring them to appear before the selection committee on September 29, 1997 for selection in the said post. (f) On September 23, 1997 the school authorities constituted a selection committee comprising of the Administrator, the Headmaster, a teacher's representative and Srikanta Biswas, external ex-parte. (g) On September 29, 1997, before the selection committee started the selection process, the members of the selection committee gave declarations that they were not related to any of the candidates, who were to appear before the said selection committee. (h) However, on September 29, 1997 a report was submitted and it was indicated that the selection committee was unable to prepare the panel on the allegations that none of the candidates appeared at the interview was fit for appointment. Surprisingly, the said report is not addressed to anybody and it is signed only by the Administrator, the Headmaster and the external ex-parte, but it did not contain the signature of the teachers' representative. (i) The Headmaster of the school on October 3, 1997 forwarded the said purported report of the selection committee to the said District Inspector of Schools for his information.
(3.) In the aforesaid background the writ petitioner, who was one of the candidates for the said post, has come up with the present writ application.;