Ashoke Kumar Dasadhikari, J. - (1.) This is a case where the writ petitioner has questioned the decision of the Managing Committee to allow the private respondent no. 6 to participate at the interview for selection of a post of Clerk in the concerned school.
(2.) Learned Counsel appearing for the writ petitioners submits that as per the; Recruitment Rules, the Managing Committee of the school have no authority to give any such relaxation in favour of the private respondent no. 6, who was not sponsored by the employment exchange and furthermore, there was no advertisement published inviting application.
(3.) Learned Counsel submits that one three Judges Bench decision was there, which is reported in Debasis Dutta v. State of W.B., 1998(2) C.L.J. 1 wherein this Hon'ble Court held that no direction can be issued by the Court upon the Managing Committee of the school to allow any or every person to appear in the interview although his name has not been sponsored by the employment exchange. There is another judgement of five Judges Bench of this Hon'ble Court wherein this Hon'ble Court decided that in case of any advertisement made, inviting applications for selection, as nonsponsored candidate can respond against the advertisement and can be allowed and/or called for the interview to be held for the post.;