Kalyan Jyoti Sengupta, J. - (1.) By this application the petitioners have prayed for a writ of mandamus commanding the respondents to do their duty in accordance with law by admitting them in Uttarbanga Teachers' Training Institute for primary teachers' training for the sessions 2003-04. The petitioners prayer for mandatory order of injunction asking the respondent Nos. 7 and 8 admit the petitioners provisionally appear to have been prayed for at the ad-interim stage, several directions were given by Justice Brain Ghosh but no such mandatory order appears to have been passed at that stage. Even on the date of final hearing of this matter, this relief could not be granted. However, the grievance of the writ petitioners is directed against the selection of the candidates including the respondent Nos. 9, 10, 11 and 12.
(2.) According to the writ petitioners the entire selection process is illegal and wrongful as such admission of the candidates already done is void and illegal. The petitioners' further claim is that had there been proper assessment of their performance they would have been selected and got admission. Now, question is whether the selection of the candidates is bad in law or not, if so what relief can be granted to the petitioner at this stage, in tae event the writ petition succeeds.
(3.) Mr. Kashi Kanta Moitra learned Senior Advocate appearing for the petitioner contends that the selection committee was to be formed in terms of the administrative circular formulating guidelines, being Annexure R-1 to the affidavit in opposition. According to this guidelines there should be four members in the Selection Committee namely Chairman of the District Primary School council, President of the Committee, (ii) District Inspector of Schools of the concerned district, Member Secretary, (iii) Principal of the Primary Teachers' Training Institute, Member and (iv) Karmadhakshya Siksha Sthayee Samity, Zilla Parishad (Malda). He contends that the above administrative circular does not bear any date. Subsequently it transpired that this circular containing guideline was superseded by another circular dated 17th June 2003, which is annexed in the Supplementary Affidavit in opposition of the respondent Nos. 7 and 8. Under the provision of the second mentioned circular the members of the Committee would be five consisting of Chairman of the District Primary School Council or his or her representative, District Inspector of Schools (PE) of the concerned district or his or her representative (Member Secretary) Karmadhakshya Siksha Sthayee Samity Zilla Parishad (Member), the Secretary of the institution or his or her representative (Member) and Principal/Lecturer in charge of the Primary Teachers' Training Institute concerned.;