BISWANATH SOMADDER, J. - (1.) Affidavit of service filed in Court today be kept on record.
(2.) The writ petitioner has approached this Court challenging a memo dated 8th July, 2011, issued by the Block Development Officer, Nalhati-I Development Block, Nalhati, District-Birbhum. This memo contains an order which appears to have been passed pursuant to an earlier order passed by the writ court at the instance of the writ petitioner on 1st March, 2011, in W. P. 7693 (W) of 2010.
(3.) The case of the writ petitioner in the earlier writ petition was that although the petitioner had secured higher academic marks than the private respondent for being appointed as 'Jeebika Sevak', the private respondent had been given appointment. This Court, in the order dated 1st March, 2011, upon taking into consideration that the private respondent had already joined the post-in-question and was working for a year, observed, inter alia, that the only issue that was needed to be determined was the marks obtained by the petitioner vis-a-vis the marks obtained by the private respondent. The court proceeded to dispose of the earlier writ petition by granting liberty to the writ petitioner to file a fresh representation with the concerned authorities, if otherwise entitled to in law. Based on the said order, the writ petitioner made a representation before the concerned Block Development which was disposed of by the concerned authorities by passing the impugned order dated 8th July, 2011. In the impugned order, the concerned authority has taken note of the fact that there was no application from eligible candidates for two Gram Panchayats viz., Banior and Kaitha-I, and as such the post of 'Jeebika Sevak' in those two Gram Panchayats could not be filled up. The concerned authority has gone ahead to observe that in view of the spirit and object for engagement of 'Jeebika Sevak' in the Gram Panchayats, as laid down in the order of the Panchayat and Rural Development Department, the Artha-Sanstha-Unnayan-O-Parikalpana Sthayee Samity of the Nalhati-I Panchayat Samity had unanimously taken a decision that out of the left out twelve candidates, suitable five candidates in consideration of merit would be called for an interview/viva voce test for a total of ten marks to select two better candidates for the two vacant Gram Panchayats. Accordingly, the writ petitioner along with four candidates, including the private respondent no.7, Md. Lokman Hakim, were called for interview. The writ petitioner scored two marks out of ten in the interview while the private respondent no.7 scored six out of ten marks. Based on the marks obtained in the viva voce together with the marks obtained in respect of his academic qualification, the private respondent no.7 was considered to be a better candidate for the post of 'Jeebika Sevak' and was accordingly engaged for the said post under Banior Gram Panchayat.;