Pratap Kumar Ray, J. - (1.) Heard the learned Advocates for the parties.
(2.) From the writ application it appears that the petitioner who stood third in the panel for the post of Headmaster moved a writ application before this Court being W.P No. 1014 (W) of 1998 praying for necessary order of appointment on the ground that the first candidate of the panel refused to join and accordingly on turn basis the petitioner got the right to be appointed. This matter was disposed of by M.H.S. Ansari, J. by order dated 7th August 1998 directing to this effect: "In the light of the above the present writ petition is being disposed of with a direction upon the respondents Nos. 4 and 5 i.e., the Managing Committee and the Teacher-in-Charge if the school concerned to consider the matter in accordance with the law and to pass appropriate orders or issue appointment order to the person who is entitled to be appointed to the said post of Headmaster if there has been valid approval of the panel by the D.I. of Schools as it is contended in the above writ petition by Memo No. GEN/1535 (900) dated 21.8.97 within a period of four weeks from the date of communication of this order."
(3.) However, in pursuance of the direction of His Lordship the respondent Nos. 4 and 5 did not take any step. The petitioner has filed this application again on the same prayer, praying appointment in the post in question relying upon a resolution of the Managing Committee whereby tenure of service of Teacher-in-charge was extended till 30th June, 1998 since the second candidate of the panel, Shri Abanti Kumar Pal did not join in the first week of January, 1998, the date as was confirmed by him for joining. In the affidavit-in-opposition a resolution has been annexed at page 20 the Annexure 'H' wherefrom it appears that Shri Pal, the second candidate of the panel allegedly applied for extension of time to join in the school in question by his application dated 16th July, 1998. The present petitioner was present in the said meeting dated 28th August, 1998 of the Managing Committee as member of the Managing Committee under guardian's representative category. Shri Bera, the present petitioner referred a circular letter No. 5691/A/S/1400 dated 16.11.95 before the Managing Committee wherein under Clause 'O' it was provided that in the event of failure of any candidate to join within three months, the next empanelled candidate should be offered appointment. However, it appears from the resolution of the Managing Committee dated 28th August, 1998 that the major (sic) members of the Managing Committee did not agree that the petitioner would be appointed in the post in question and on the contrary it was resolved that in the event of any clear direction from the High Court in the present writ application, the case of second empanelled candidate could be considered since the second candidate of the panel after long lapse of eight months again prayed for joining in the school in question. Hence, the only question in the writ application is an relief of any to the petitioner. Though as per the order of M.H.S. Ansari, J. whereby and where under the Managing Committee of the school as well as the Teacher- in-Charge was directed to decide the question within four weeks from the date of communication and the same was not done and thereby the respondent Nos. 4 and 5 therein of the said writ application committed. Contempt of Court as prima facie appears but since the petitioner was present in another category as member of the Managing Committee in the decision dated 28th August, 1998 it appears that the petitioner's case was considered and the issue regarding appointment of the petitioner in the post in question was not allowed. Considering the different documents as appearing in the writ application, affidavit-in-opposition and reply the only point would be considered about the impact of circular letter issued by the Director of School Education under Memo No. 2066-GA dated 27th October, 1995 which is appearing at page 29 of the writ application as well as Memo No. 5691/A/S dated 16th November, 1995 as was referred to by the petitioner in the meeting of the Managing Committee. The clause 'O' Memo dated 27th October, 1995 reads as follows: "(o) On getting approval of the panel, the Managing Committee/Ad-hoc Committee/Administrator of the School shall issue appointment letter to the 1st empanelled candidate within 15 days though Registered Postcard/Registered inland letter. The panel shall remain valid for one year from the date of approval of the panel by the D.I.S. (SE). If any candidate fails to join within 3 months from the date of receipt of appointment letter or leaves the post within the validity of the panel, the next empanelled candidate shall be offered appointment. Name of such candidates who do not join within 3 months from the date of receipt of appointment letter shall be struck off from the panel.";