Bhaskar Bhattacharya, J. - (1.) By this writ application, the writ petitioner has prayed for a direction upon the respondents to issue approval of appointment in favour of the petitioner for the post of Assistant Teacher in History in Boro Balaram Lal Behari Vidyamandir, Post Office - Boro Balaram, Distt. Burdwan, after cancelling the appointment of respondent No. 8.
(2.) The case made out by the petitioner may be summarised thus :
(3.) Petitioner passed B.A. examination from University of Burdwan in 1975 and also obtained B.Ed. degree from University of Calcutta in 1979. For the appointment of an Assistant Teacher in History, the Managing Committee of Boro Balaram Lal Behari Vidyamandir demanded a list of candidates from Employment Exchange vide Memo No. VOSO/89/8401-3 dated April 26, 1989. Accordingly, names of ten persons including the petitioner were forwarded by the Employment Exchange. He was called for interview on May 28, 1989 and he appeared before such interview. After such interview, the Selection Committee of school prepared a panel of three candidates for the appointment of the said post wherein the respondent No. 8 viz. Ashoke Kumar Koner was shown as No. 1, the petitioner was shown as No. 2 and one R.K. Haldar was placed in the 3rd position. The said panel was sent before District Inspect of School (SE), Burdwan for approval. According to the petitioner, in preparing such panel, the Selection Committee illegally allotted two points in favour of the said respondent No. 8 on the basis of two certificates of extra curricular activities, although according to the existing rule no mark could be given on the basis of those certificates. The petitioner further complains that the external expert who was engaged for the said interview is a near relation of respondent No. 8 and the entire panel was prepared with mala fide motive and in illegal manner violating and ignoring the statutory Rules viz., 4(V) of the Rules of Teaching and Non-teaching Staff. Accordingly, the petitioner made a representation before the District Inspector of School (SE), Burdwan stating the aforesaid illegality committed by the Selection Committee.;