- (1.) These two writ petitions are directed to be heard analogously as the decision in one writ petition has an impact on the other.
(2.) The facts as emerges from the aforesaid writ petitions are that the District Primary School Council notified the vacancies to the Employment Exchange for sponsoring the name of the eligible candidates to the post of primary teacher. 262 post were reserved under the exempted category out of which 195 post were earmarked for Bengali Medium Schools whereas 40 and 27 posts are shown to be reserved for Hindi Medium and Nepali Medium Schools respectively.
(3.) It is relevant to note that the petitioners of both the writ petitions offered their candidature for a Bengali Medium School within the district of Jalpaiguri and therefore, the consideration in this writ petitions are restricted to the Bengali Medium Category Candidates where admittedly all the post notified by the District Primary School Council, Jalpiguri are already filled up. The petitioners of both the writ petitions are registrants of the Employment Exchange under the exempted cell of land losers' category. In fact, their names were sponsored by the Employment Exchange under such category. They were allowed to participate in the selection process wherein the petitioners of W. P. 6339 (w) of 2006 were declared unsuccessful whereas the petitioners of W. P. 24041 (w) of 2006 were declared as successful candidates. Even after declaring the candidates as successful, the District Primary School Council was not taking steps for appointment of those candidates. Some of the successful candidates approached this court by filing a writ petition W. P. No. 6339 (w) of 2004 and a point was taken by the District Primary School Council that the said registrant under exempted cell in land losers category are neither the relative nor the family of the land losers and as such, the appointments could not be made. By judgment and order dated 21st April, 2004, the court disposed of the said writ petition by observing that the registration of those candidates with the Employment Exchange cannot be doubted by the District Primary School Council and it is only the Employment Exchange who can take steps for cancellation and/or deletion of their name if the person get himself registered by making misrepresentation.;