SAHIDULLAH MUNSHI, J. - (1.) IN this writ petition the petitioner has made out the following case: a) That the petitioner has passed B.Ed. examination from a recognized University and he is a permanent resident of village Palashpur within Mukundabagh Gram Panchayat in the district of Murshidabad. In support of such statement the petitioner has annexed his residential certificate as Annexure P -1 which shows that he belongs to the gram Panchayat Mukundabagh and he is a resident of village Palashpur. b) That the District Magistrate concerned issued a circular for Sarbo Siksha Abhijan and Zilla Prathamik Siksha Prakalpa for which the advertisement was made in a daily newspaper inviting application for appointment to the post of para -teacher in several primary and secondary Institutions. He has annexed a copy of the said advertisement published on 10th September, 2004 as Annexure P -2 to the writ petition. In one of the criteria in respect of an applicant for high school he has to be a resident of the concerned gram Panchayat where the school is situated. c) The petitioner submitted application for appointment to the post of para -teacher in History of Mukundabagh High School and on the basis of the said application respondent authorities verified the documents and, ultimately, an interview was held on 4th October, 2004 for selection of a suitable candidate to the post of para -teacher in History of the said school. According to recruitment rules a panel was prepared for the said post and the petitioner stood first in the panel. After such panel was prepared the respondent authority sent the panel to the competent authority for according approval. A copy of the said panel has been annexed to this writ petition as Annexure P -3. Annexure P -3 discloses the name of the petitioner Md.Tozammul Haque at the first position, Prasanta Das at the second position and one Biren Kumar Ghosh at the third position. d) The said panel was approved by the respondent No.2 for engagement of para -teacher in History of Mukundabagh High School, Murshidabad. The school authority issued engagement letter in favour of the petitioner and directed to join as para - teacher in the said school. The petitioner duly joined the school in the month of July 2006 as a para -teacher in the said school. The engagement letter has been annexed as Annexure P -4. e) After July 2006 the respondent No.2 called the petitioner for a hearing in respect of an allegation made by the respondent No.5, Prasanta Das, to the effect that the petitioner is not a permanent resident of the concerned Gram Panchayat area within which the school is situated and that he did not furnish any document to prove that he is a permanent resident of the area concerned. The said Prasanta Das, the respondent No.5 prayed for cancellation of the petitioner 's engagement as a para -teacher. A writ petition being W.P. No.17928(W) of 2006 was filed in the Hon 'ble High Court at Calcutta and in pursuance of direction issued in the said writ petition the District Project Officer, Sarbo Siksha Mission (hereinafter to be called S.S.M.) Murshidabad, took a hearing and passed an order. The District Project Officer, by his order dated 30th October, 2006, observed that the petitioner failed to prove that he was a resident of Mukundabagh Gram Panchayat where the school is situated and, accordingly, he is not entitled to get engagement as additional para -teacher in Mukundabagh High School as per norms of Sarbo Siksha Abhijan (hereinafter to be called S.S.A.). The District Project Officer, accordingly, directed that the panel be recast cancelling the candidature of the writ petitioner and he directed that the panel be revised and approved and, thereafter, it would be sent to the school authority directing to issue letter of engagement in favour of the first candidate in the approved panel.
(2.) AGGRIEVED by the said order of the District Project Officer directing to recast the panel and cancelling the engagement of the petitioner, the petitioner filed a writ petition being W.P. No.26483 (W) of 2006. On the said writ petition an order was passed on 28th February, 2007 and His Lordship, the Hon 'ble Justice Debasish Kar Gupta was pleased to quash and set aside the impugned order dated 30th October, 2006, passed by the District Project Officer, S.S.M., Murshidabad, and directed to consider the original certificate issued in favour of the petitioner by the Pradhan of the concerned Gram Panchayat and also in terms of the order dated 4th August, 2006, passed in W.P. No.17928 (W) of 2006 (Prasanta Kumar Das -Vs. - State of West Bengal & Ors.)
(3.) IN terms of the aforesaid order dated 28th February, 2007, the District Project Officer passed a reasoned order on 15th May, 2007 which is quoted below: ''I heard the statement of all the parties with due seriousness applying my mind very carefully. In considering the whole issue in view of the terms and conditions laid down in the ''Advertisement '' made in the Ananda Bazar Patrika and other provisions as communicated by the SPD, PBSSM with regard to the engagement of Additional Para Teacher and after careful consideration the issue is disposed of as follows: I verified all the papers and decided that as per Voter List, 2004 the material time for submitting application for post of Addl. Para Teacher Md. Tojammul Hoque fails to prove that he was the resident of Mukundabagh Gram Panchayat where the school situated. Hence, Md. Tojammul Hoque is not entitled to get engagement as Additional Para Teacher in Mukundabagh High School as per norms of SSA. It is observed that the concerned panel be recast cancelling the candidature of Tojammul Hoque and the revised panel be approved and set to the school authority directing to issue engagement in favour of the first candidate in the approved panel and report compliance within 7 days from receipt of the approved panel. All concerned be informed accordingly. '' The said reasoned order has been challenged by the writ petitioner in the present writ petition. It is the submission of the writ petitioner that while there was a direction upon the concerned authority to consider the original certificate issued in favour of the petitioner by the Pradhan of the concerned Gram Panchayat but the District Project Officer, instead of considering the same, has insisted upon the petitioner that he could not produce voter 's list of 2004 to substantiate his claim that he is a resident of the Gram Panchayat area concerned. According to the writ petitioner, the District Project Officer has erroneously passed the order and has failed to act in terms of the order passed by this Hon 'ble Court passed on 28th February, 2007. It is the submission of the writ petitioner that in view of such lapses on the part of the District Project Officer the order should be quashed. Mr. Chatterjee, learned counsel appearing on behalf of the petitioner has submitted a memorandum issued by the S.S.M., Murshidabad and in Clause 'Ga ' thereof it has been mentioned that certificate of the concerned Pradhan of the Gram Panchayat is of sufficient proof in support of the residence of the petitioner and he further submitted that Clause 'Ga ' also illustrates that in case of any objection with regard to residential certificate then ration card, tax receipt and employment exchange card may be considered to be a valid document if one 's name is not included in the voter 's list. The said memorandum is taken on record.;