S.K.Mukherjee, J. - (1.) This is to consider an application under Article 226 of the Constitution of India (the writ petition in short) challenging the order dated February 27, 2002 passed by District Inspector of Schools (S.E.), Purulia, inter alia, refusing to accord approval to the panel for filling up a post of Group ?D? employee (Laboratory Attendant) in Rishi Nibaran Chandra Vidyapith, Bandwan.
(2.) The brief facts leading to the filing of the writ petitioner may be summarised as under: (a) The Director of School Education, West Bengal by order dated September 5, 1999 sanctioned two posts of Laboratory Attendants in the said school. (b) The District Inspector of Schools (S.E.), Purulia granted prior permission to school authorities to fill up the posts of Laboratory Attendants. While granting the prior permission, the District Inspector of Schools concerned indicated the qualification for appointment in the said posts. It was indicated that the incumbents should complete Class VIII standard and they should be capable to read and write Bengali and English. It was indicated, further, that one of such post would be meant for general candidate while the other post would be reserved for reserved category. In the order of prior permission names of three candidates were mentioned from died in harness category. (c) As the persons sponsored from died in harness category failed of appear before the school authority, by order dated November 28, 2000, the said District Inspector of Schools permitted the school authority to fill up the posts by obtaining names from the Employment Exchange, Purulia. (d) On December 20, 2000 the school notified the vacancies to the Employment Exchange Officer requesting him to sponsor names to fill up the post of Laboratory Attendants. The school, also, indicated that the essential qualification for the said posts as VIII standard, but it was, further, indicated that it would be desirable that the candidates should possess Madhyamik Examination Pass Certificate. (e) On April 9, 2001 the Employment Exchange Officer forwarded 19 (nineteen) names to the Secretary of the said school from the reserved category. (f) On May 14, 2001 the Employment Exchange Officer, also, sponsored the name of Paleram Mahato, the writ petitioner, as the 20th candidate, indicating that his name could not be sponsored on April 9, 2001 due to oversight and requested the school authorities to consider his candidature along with the other sponsored candidates. (g) The school authorities asked the said twenty candidates to appear before the selection committee constituted for the purpose of selection in the post of Laboratory Attendant reserved for reserved category for an interview to be held on July 22, 2001 at the school premises. (h) The candidates appeared before the selection committee and the selection committee prepared a panel of three candidates. (i) In the panel the writ petitioner was placed as the first empaneled candidate while Sunil Baran Mahato, the respondent No. 7, was empaneled as the second empaneled candidate. (j) The Managing Committee of the school forwarded the panel to the District Inspector of Schools (S.E.), Purulia for approval. (k) The respondent No. 7, that is, the second empaneled candidate moved a writ petition before this Court being W.P. No. 12874(W) of 2002 contending, inter alia, that the interview was held and the panel was prepared without following the recruitment procedures as provided in paragraph 6(k) of the recruitment procedures dated December 1, 1995. (l) Lala, J. By order dated October 16, 2000 disposed of the said writ petition with a direction to the authority concerned to consider the matter of approval of the panel upon giving fullest opportunity of hearing to all the parties and to come to an appropriate conclusion in this respect. (m) On January 29, 2002 the District Inspector of Schools gave hearing to the persons concerned in the matter and passed his order dated February 27, 2002, inter alia, refusing to accord approval of the panel prepared for the post of Laboratory Attendant from reserved category.
(3.) The relevant portion of the order passed by the District Inspector of School is quoted herein below: ?Having heard the contentions of the parties and in consideration of the submissions thereof, the matter is disposed of with the direction to the school authority to adhere the judgment of as contained in the W.P. No. 12874 and also to abide by the provisions of the Recruitment Procedures to ignore the name of the 1st empaneled candidate since it was sponsored in the 2nd list or continuation list which is barred by limitation. Moreover, the school authority will have to act in accordance with the requisition of vacancy as sent and the permission accorded by this office wherein the requisite qualification for filling up the post was fixed as Class VIII pass candidate as corroborated by way of resolution of the Managing Committee. The matter is, thus, heard, considered and disposed of. All concerned be informed accordingly.?;