D.P. Kundu, J. - (1.) This writ proceeding has been initiated by Shri Palash Sarkar (hereinafter referred to as Palash). inter alia, praying for an order in the nature of mandamus (a) by directing the respondents to show -cause as to why the order dated 17.4.2001 passed by this Court in W. P. No. 5402 (W) of 2001 should not be cancelled and/or reviewed and (b) by commanding the respondents to show cause as to why Palash shall not be impleaded in the writ petition being No. W. P. 5402(W) of 2001 filed by one Gopal Sinha (hereinafter referred to as the Gopal) for rehearing the whole matter. From the pleadings made in the writ application it is evident that the present writ proceeding has been initiated consequent upon an order dated 08.10.2001 passed by Barin Ghosh, J. in W. P. No. 14488 (W) of 2001. Palash instituted the aforesaid writ proceeding being W.P. No. 14488(W) of 2001 wherein Gopal was respondent No. 6. The order dated 08.10.2001 passed by Barin Ghosh, J., in W. P. No. 14488 (W) of 2001 is set out hereunder: "8.10.2001 The petitioner is one of the sponsored candidates. When he appeared at the interview, he found that the son of the most influential person in the locality, i.e., the son of the President of the Managing Committee of the School, who happens to be the Assistant Inspector of the School of the locality, was also a candidate for the self -same post and though he was not sponsored but despite that he had been permitted to appear at the interview. Subsequent to the interview, the petitioner has been able to ascertain that the said son has been shown to have topped the panel with the sole object of giving the appointment to him. The petitioner has thus challenged preparation of such panel with such a person on the ground that such a person could not be permitted to appear at the interview in view of the Special Bench Judgment of this Court. This writ petition is being moved upon notice to that person who has topped the panel and who happens to be the respondent No. 6 herein. The learned Counsel for the respondent No. 6, has produced an order passed on 17th April, 2001, by D. P. Kuridu, J. whereby and under the learned Judge directed the Secretary of the School concerned to allow the respondent No. 6 herein. The learned Counsel for the respondent No. 6, has produced an order passed on 17th April, 2001, by D. P. Kundu, J. whereby and under the learned Judge directed the Secretary of the School concerned to allow the respondent No. 6 to appear before the Selection Committee for interview with a further direction upon the Selection Committee to consider the respondent No. 6 along with other eligible candidates with a further direction upon the Selection Committee not to discriminate the petitioner. The seed of nepotism in appointment is ingrained and blessed by this court. However, since such an order is in existence, I cannot touch it at all. But. at the same lime. I permit the petitioner to apply for review of that order dated 17th April, 2001 by a fresh writ petition in terms of the Judgment of Supreme Court reported in : AIR 1963 SC 1909. This writ petition is, thus, disposed of. Let an urgent xerox certified copy of this order, if applied for, be delivered to the learned Counsel, for the petitioner". (emphasis supplied)
(2.) As a Coordinate Bench made serious and strong remarks like the seed of nepotism in appointment is ingrained and blessed by this court" (emphasis added) I wanted to examine the matter with all seriousness that it deserves.
(3.) On 22.5.2002 in the present writ proceeding I passed the following order. "Learned advocate for the respondent No. 6 submits that he desires to file affidavit in opposition within two weeks after the summer vacation. The learned advocate appearing for the applicant has no objection if such prayer' is allowed. Under the circumstances respondent No. 6 and other respondents are directed to file affidavit in opposition within two weeks alter the Summer Vacation, reply thereto, if any, be filed which one week thereafter and the matter stand adjourned till three weeks after the Summer Vacation as Specially Fixed and the same shall appear at the top of the list irrespective of any other matter. There shall be an interim order to the effect that if any action is taken in the meantime, in respect of the respondent No. 6, the same shall abide by the decision in this writ application. Learned advocate appearing on behalf of respondent No. 6 undertakes to file his power in course of tomorrow.";