- (1.) This writ petition was filed by the writ petitioner challenging the order impugned passed by the Director of School Education, West Bengal dated 11th December, 2006 wherein the Director of School Education decided that panel prepared by three-member Selection Committee is valid and there is no illegality in approving the panel prepared by the said Selection Committee. It was further held that panel could be prepared in presence of at least three members out of five members of Selection Committee as per Rule 3(d) under Government memo No.1628-GA/OM-18/2001 dated Kolkata, 10th July, 2002.
(2.) The writ petitioner is an approved assistant teacher of Bongaon Kabi Keshablal Vidyapith (H.S.), Bongaon. Petitioner is having post-graduate and also B.Ed. qualification. The post of assistant headmaster was sanctioned by Director of School Education vide memo dated 13th August, 2004. The District Inspector of Schools (SE), (North) 24-Parganas granted prior permission to fill up the said post by his memo dated 10th November, 2005. Petitioner being aspirant to appear in the selection process submitted application to participate in the interview. Although the petitioner applied for contesting as a candidate, he did not appear before the selection committee formed for such selection. The school authorities formed a selection committee of five members as per their resolution. In the Selection Committee one Sri Anuj Baran Sarkar being the teachers' representative was taken as a member. Since the teacher-in-charge himself was an applicant for the post of assistant headmaster he could not become a member of the Selection Committee and accordingly, his place remained vacant. The Governing Body in its meeting dated 6th December, 2005 took a decision to constitute the Selection Committee consisting of four members since Sri Nilratan Biswas being the Secretary and working as teacher-in-charge applied for contesting in the Selection process, could not be a member and his place was kept vacant. Sri Anuj Baran Sarkar was selected and taken as teachers' representative, Sri Sevak Ghosh was selected as guardians' representative and the name of the expert was to be settled in the meeting to be held on 14th December, 2005. In the meeting of 6th December, 2005 all the three teachers' representatives namely, Anuj Sarkar, Himangshu Majumdar and Vidyasagar Ghosh were present. On 14th December, 2005 when the name of the expert was selected, all the three teachers' representatives were also present and unanimous decision was taken as regards the members of the selection committee who will take interview. Sri Anuj Sarkar's name was selected as teachers' representative. Interview date was already published and fixed on 21st January, 2006. All the interview letters were issued to the intending candidates including the petitioner who is to appear on 21st January, 2006. Suddenly on 23rd December, 2006 Anuj Sarkar who was one of the members of four-member Selection Committee expressed his willingness to appear at the interview to be held for the post of an assistant headmaster. The Secretary after discussion with members allowed Mr. Anuj Baran Sarkar to appear at the interview and a decision was taken to keep the place of teachers' representative vacant since constitution of Selection Committee with three members is valid as per Rules and it was also recorded in the minutes of the meeting that interview date was already finalised and published. Therefore, the Authorities decided to keep three-member Selection Committee for taking interview. In all these meetings held by the Managing Committee, Himangshu Majumdar was all along present and he was aware of such formation of Selection Committee and he is also aware of date fixed for taking interview. On the scheduled date interview was held but the petitioner did not appear in the interview. Three-member Committee prepared a panel and sent it to the Assistant District Inspector of Schools. The Assistant District Inspector of Schools did not take any decision of approval. Private respondent, being the respondent no.6 herein, moved before this Hon'ble Court so that the concerned authority decide upon the panel prepared by the Selection Committee. This Hon'ble Court passed an order for taking a decision. The concerned authority took decision and approved the panel on 17th April, 2006. On 28th April, 2006 the private respondent No.6 was appointed as headmaster. The writ petitioner came up before this Court and questioned the approval of panel prepared on 21st January, 2006 for the post of headmaster in the aforementioned school. The writ petition being W.P. 10607(W) of 2006 filed by the writ petitioner was disposed of by an order dated 3rd May, 2006 directing the Director of School Education to dispose of the representation of the petitioner filed on 21st April, 2006 within a period of five weeks from the date of communication of the order after giving an opportunity of hearing to the petitioner, the respondent no.3 or its representatives as well as the respondent nos.5 and 6 and thereafter shall pass a reasoned order within one week from the date of hearing. There was further direction to communicate the order to the parties within a period of seven days from the date of passing reasoned order. If records are sought for by the respondent no.2 those shall be produced by the respondent nos.3, 4 and 5 and the respondent no.2 was directed to deal with the same in his reasoned order. Till such decision, status quo as on 3rd May, 2006 be maintained as regards service of the private respondent no.6. Pursuant to the order passed by this Court on 3rd May, 2006 the concerned Director of School Education heard this matter on three occasions i.e. 8th August, 2006, 14th November, 2006 and 7th February, 2006 and thereafter passed the order impugned dated 11th December, 2006 and decided the representation of the petitioner dated 21st April, 2006. After elaborate discussion and analysis of the argument advanced by the learned Counsel appearing for the respective parties the Director of School Education decided that there is no illegality in formation of selection committee nor even in preparation of panel by three-member Selection Committee since it is permissible under the Rules and further no illegality is there in approving such panel.
(3.) Mr. Arabinda Chatterjee, learned Counsel appearing for the writ petitioner in W.P. No.201(W) of 2008 submits that the formation of Selection Committee is contrary to Rules. According to him, under rule 3(a) Constitution of Selection Committee should be of five members and according to Mr. Chatterjee, teachers' representative must be included in the Selection Committee. In this case teacher's representative was excluded from the Selection Committee.;