ASHOKE KUMAR DASADHIKARI,J. - (1.) The writ petitioner has questioned the selection and appointment of the private respondents as Group 'D' staff in Bari Vidyalaya High School.
(2.) Learned Counsel appearing for the petitioner submitted that although the private respondents' name were not sponsored by the employment exchange, they moved a writ petition and got an order from this Court for appearing at the interview. It was submitted by the learned Counsel for the petitioner that the post should have been advertised and everybody ought to have been offered opportunity to appear and contest for the said post. He submitted that although he has appeared at the interview and contested, this will not create any estoppel against him for coming and questioning the selection process specially when the publication was not made for invitation. He submitted that the entire selection process is vitiated. Furthermore, in view of selection of the private respondents, who appeared by obtaining an order from this Hon'ble Court, is illegal and a fresh selection is necessary.
(3.) Learned Counsel for the private respondents submits that in view of Special Bench judgment of this Hon'ble Court reported in 2011(3) C.L.J.(Cal) page 1 (Tulsi Roy v. State of West Bengal and ors.) even a non-sponsored candidate can appear in the selection test. Therefore, the plea taken by the writ petitioner as regards the sponsorship do not survive. So far as the second point is concerned, about the paper publication, it was submitted that he himself never questioned the selection process nor cane before this Court questioning the validity of calling interview nor raised a plea that applications are to be invited by advertisement. Therefore, at this stage after appearing at the interview and being unsuccessful in such interview he cannot possibly raise this plea. It was submitted that there are Supreme Court judgments in respect of such submission. Therefore, this point also does not merit consideration. Thirdly, it was submitted that 37 candidates were called for interview amongst them the writ petitioner was there. The Selection Committee was formed properly and the Committee has assessed the merit of the respective candidates including the private respondents as well as the writ petitioner and the private respondents were selected on merit. Even after selection the panel was kept pending. The private respondents had to move second writ application and pursuant to the order passed by this Hon'ble Court the Additional District Inspector of Schools who was specifically directed to consider the panel, has approved the panel and on that basis the private respondent got employment and he is doing and/or serving in the post for about three or four years.;