Ashim Kumar Banerjee, J. - (1.) DHADALIBAR High School in the District of Purba Mednapur applied for prior permission to fill up the post of Group -D Staff. Accordingly, Additional District Inspector of School (SE) (Contai Sub -Division) Purba Medinipur granted prior permission vide Memo dated August 29, 2007 appearing at Page -110 of the stay application. The School Managing Committee vide resolution dated September 5, 2007 initiated the selection process. The Employment Exchange sponsored the candidates who participated in the selection. An eligible candidate approached the learned Single Judge by filing WP No. 26947 (W) of 2007 inter alia praying for consideration of his case and permission to participate in the said selection process. The learned Judge disposed of the writ petition vide Judgment and Order dated May 15, 2008 directing the School to cause advertisements in News Paper having wider circulation giving opportunity to all eligible candidates for the post. Accordingly, the School initiated a fresh process. The Managing Committee held a further meeting on June 10, 2009 and decided to take further steps in the matter in the subsequent meeting held on February 21, 2009. They finalized the just of the advertisement and the News papers where it would be published. Accordingly, advertisement was published in the News Papers and the candidates applied for the post. The Managing Committee held further meeting on March 21, 2009. The Managing Committee prepared a panel of three persons for appointment of expert. The Secretary of the School was granted liberty to contact the empanelled expert to have their consent and engage one of them. In a subsequent meeting held on September 12, 2009, the Managing Committee decided to send invitation to the short listed candidates for the purpose of interview. Accordingly, call letters were sent to all eligible candidates.
(2.) ONE Debaprasad Paria filed the writ petition being WP No. 21287 of 2009 inter alia alleging that he was selected in the selection process and became successful in getting his name at the top of the panel which the Additional District Inspector School (SE) was not approving despite the same being sent to him. The learned Judge directed the Additional District Inspector to consider the panel vide Order dated April 22, 2010. The Additional District Inspector School (SE) considered the issue and passed the reasoned order dated June 10, 2010 appearing at Page - 178 -179. The Additional District Inspector (SE) rejected the said panel inter alia on the following grounds: i) The panel was submitted by the Head Master without the consent of the Managing Committee. ii) The Managing Committee vide resolution dated November 27, 2009 refused to accept the panel. iii) The panchayat nominee did not sign the score -sheet iv) Panchayat nominee did not also recognize his signature said to be appearing on the score sheet. v) The Secretary of the Managing Committee submitted an alternative panel. The Inspector found the process irregular and thus declined to accord approval to the panel.
(3.) SECOND writ petition being WP No. 13589 of 2010 was filed challenging the reasoned order passed by the Additional District Inspector (SE). The learned Judge disposed of the matter vide Judgment and Order dated August 9, 2011. The learned Judge observed that once the Selection Process was completed it was the duty of the Managing Committee to send the panel to the District Inspector for approval. Once Managing Committee failed to do so the Head Master did not commit any illegality in sending the same. The learned Judge observed as follows : In my opinion, in such a situation the headmaster is the competent authority to send the panel of the selected candidates before the appropriate authority for getting approval. In my opinion there is no illegality in sending the names of the selected candidates before the District Inspector of Schools for approval since the selection was made in accordance with law by a Selection Committee. It is purely a clerical work. Whether the panel is sent by the Managing Committee or the Headmaster of the institution, it makes no difference.;