A.K.Mathur, C.J. - (1.) All these three appeals arise out of the same judgment and order dated 17th August, 2000. Therefore, they are being disposed of by a common judgment.
(2.) The brief facts which are necessary for disposal of these appeal are that in pursuance of selection to the post of assistant English Teacher in Barisha Girls' High School (hereinafter referred to as school) a panel was prepared of three persons, namely, (1) Smt. Susmita Das; (2) Smt. Smritikana Biswas (writ petitioner) and (3) Smt. Kasturi Chatterjee (added respondent), Smt. Susmita Das stood first, Smt. Smritikana Biswas stood second and Smt. Kasturi Chatterjee stood third in the panel./ Smt. Biswas filed a writ petition being W.P. No. 13517 (W) of 1997 and alleged that she stood second in the panel of the selected candidates and she was interested to join this post as the present place in which she is working, that is in Baduria Kadambini Girls' High School, Baduria, is 90 kilometers away from the place of her residence. It was contended that since Smt. Sushmita Das, the first candidate in the panel, has not joined the post, therefore the chance of the writ petitioner in getting the appointment has become bright and she should be given the appointment. This writ petition was disposed of by Bhagabati Prosad Banerjee, J by the order dated 7th August, 1997 directing the District Inspector of Schools to take action on the basis of the representation made by the writ petitioner. It was observed that in case the first candidate of the panel does not join the post then appointment should be offered to the second candidate i.e. the writ petitioner. Thereafter, the school authorities made an application for recall of this order dated 7th August, 1997 passed by Justice Banerjee. However, that application was disposed of by giving liberty to the school authorities to challenge the said order dater 7th August, 1997 in any other co-lateral proceeding. Meanwhile, in compliance of the above order the District Inspector of Schools directed the school authorities to give appointment to Smt. Smritikana Biswas as Smt. Sushmita Das did not join the post.
(3.) Thereafter another writ application being W. P. No. 335 of 1999 (in the Original Side) was filed by the third empaneled candidate. Smt. Kasturi Chatterjee praying for appointment on the basis of the same selection. The said writ petition was disposed of by N. K. Mitra, J. by order dated 22nd July, 1998 directing the school authorities to give effect to the approved panel in terms of the Government Circular dated 7th February, 1963.;