- (1.) The controversy involved in this writ petition relates to appointment of an Urdu Teacher for which Regional School Service Commission, Southern Region, published a notification for preparation of a panel after holding test and interview. Admitted position is that the vacancies arose on 1 st October, 1999. Since 1st October, 1999, no steps was taken by any of the respondent authorities to notify the vacancy for selection.
(2.) It appears from proforma for filling up the vacant post of Assistant Teacher, the Headmistress of C.M.O. Girls' High School, 11 Puter Lane, Kolkata - 700 073 filled up the proforma on 17th September, 2003. The District Inspector of Schools (SE), Kolkata, sent a memo bearing Memo No. 1751/M dated 26th October, 2004, to the Chairman. The Chairman, West Bengal Regional School Service Commission, Southern Zone, for filling up vacancy of the said school. In that memo the concerned D.I. requested to sponsor name of the candidates for filling up vacancy in the said school at an early date in accordance with the information mentioned. It appears from the annexure 'P-5' of the writ petition that West Bengal Regional School Service Commission, Southern Zone, issued a notice on 14th December, 2002 inviting applications from the eligible candidates for holding Regional Level Selection Test 2002 for preparing panel of Assistant Teachers in recognized Non-Government aided Secondary/Higher Secondary Schools/Madrasahs in West Bengal as per State Government Rules and procedures against the "vacancies available and likely to occur". Again a note was inserted at the bottom of that notice published in the newspaper that "RLST test for selection and preparation of panel will be made for different subjects for available vacancies and vacancies likely to occur in Schools and Madrasahs with medium in different regions as mentioned below". It is also undisputed that on the basis of such publication, applications were made and a panel of two candidates was prepared on 5th November, 2003, which remained valid till 6th November, 2004. The writ petitioner was placed second in the panel prepared by the West Bengal Regional School Service Commission, Southern Zone. So far as the first empanelled candidate was concerned appointment was given but the second candidate/the writ petitioner is concerned, she was not given the appointment on a plea that till life time of the panel there was no vacancy published. Writ petitioner was aware about the vacancy, which occurred in October, 1999 and she moved from pillar to post for her appointment on the basis of her position being the second in the panel.
(3.) It is now settled law that the empanelled candidate cannot come and move before this Court unless and until the life of the panel is expired. However, before the expiry of the life of the panel, writ petitioner on 1st November, 2004 wrote to the Secretary/Assistant Secretary, West Bengal Regional School Service Commission, Southern Zone, 84 SaratBose Road, Kolkata - 700 026, and made a prayer to give employment to her. In her representation she stated that a post of Urdu Teacher of OBC category sanctioned by the concerned D.I. is lying vacant in C.M.O. Girls' High School, 11 Puter Lane, Kolkata - 700 073 and the sanctioned memo of the post had already been sent to his office on 26th October, 2004. The Headmistress of the concerned school met her and she assured that in respect of the said post, the writ petitioner would be appointed within two or three days since she was the only candidate for the said vacant post. But the writ petitioner was not considered. Then the writ petitioner made another representation after the expiry of life of the panel on 26th November, 2004. None of these representations was considered nor responded.;