K.J. Sengupta, J. - (1.) Both these writ petitions are heard together analogously. The points involved in both the writ petitions are identical. The facts of these cases have got common origin. The same are stated hereunder briefly.
(2.) Ms. Anita Modak is the writ petitioner in the first writ petition being No. C.O. 13413 (W)/1996 whereas the Governing Body filed the second writ petition, in my view as a counter blast to the first writ petition, being No. W.P. 10391 (W)/98.
(3.) The admitted facts are as follows. On 10th February, 1992 a post of typist fell vacant due to retirement of the concerned incumbent. So that selection process was started in accordance with the relevant recruitment rules. The Selection Committee was also formed and ultimately the test both skill as well as written test was taken and the same was completed on 2nd January, 1993. This recruitment process, however, could not be made straightway because of the interruption and intervention by this court in a writ petition filed by an unsuccessful candidate being a Class IV staff of the same College. The interim order was granted on that writ petition and after vacating of the interim order stop was taken to finalise the aforesaid recruitment process. After the interim order vacated by this court on the third party's writ petition Anita Modak made a representation to the College authority asking for appointment as according to her she did well and she should have succeeded. Having found no action being taken by the College authority Anita Modak filed a writ petition previously before this court and the said writ petition was disposed of by Justice G.R. Bhattacharya (as His Lordship then was). His Lordship while disposing of the said matter on 16th February, 1996 directed amongst others to dispose of the petitioner's representation being Annexure 'E' thereto in accordance with law and by passing a speaking order after giving an opportunity of hearing to the petitioner, College authority and such other person or persons as might be considered necessary by him within a certain time. While passing the said order His Lordship was pleased to pass an interim order to the effect that till the disposal of the representation by the Director of Public Instruction no appointment should be given to the post of typist in Alipurduar College and the appeal and the earlier panel may not be disturbed till then pursuant to the aforesaid representation the D.P.I. has considered this matter upon service of notice to all the persons. The D.P.I. has recorded in his order that since the office of the D.P.I. on previous occasion advised the College authority to retain the earlier panel this should be followed. Therefore the petitioner Anita Modak should be appointed to the post of typist.;