- (1.) Let the affidavit of service filed in court today be kept with the record. Re: C.A.N. 5397 of 2010 This application was filed in the year 2010 by the petitioner. Mr. Tarun Kumar Roy, the learned Sr. Advocate for the petitioner, submits that he is not pressing this application. Let the same be disposed of as not pressed. Re: C.A.N. 6354 of 2014
(2.) This application is for amendment of the writ petition. This is not appearing in the list. But on the prayer of the petitioner the application is taken up for hearing treating the same as on day's list with the consent of the parties and is being disposed of accordingly.
(3.) By the said application the petitioner has inter alia prayed for an order of amendment of the prayer to the writ petition by substituting the prayer (b) thereto. By the proposed amendment the petitioner has sought to substitute the original prayer (b) by the prayer of issue of a writ in the nature of Mandamus commanding the respondents to consider the petitioner as an eligible and successful candidate and to take all necessary steps in accordance with law for considering him for appointment to the vacant post of Assistant Teacher in Physical Education sought to be filled up by the 7th Regional Level Selection Test ('RLST', for short). This application has not been opposed by Mr. Banerjee, the learned advocate appearing for the West Bengal Central School Service Commission ('the Commission', for short) and Ms. Gutghutia, the learned advocate for the National Council for Teacher Education ('NCTE', for short). As such the application for amendment is allowed. Let prayer (b) to the concerned writ petition being W. P. No. 18915(W) of 2007 be substituted by the prayer mentioned above. Since this amendment is being allowed on the consent of the learned advocates for the contesting respondents it is not necessary to give tjem any opportunity of filing any affidavit -in - opposition to the same. At the very outset Mr. Roy in his usual fairness submits that the respondents nos. 7 to 11 of the writ petition are not relevant for its disposal and prays for leave to expunge their names since the petitioner is not pursuing any relief against them. They have not also contested the writ petition by filing any affidavit and have no connection with the lis involved in the present writ petition. The petitioner is permitted to amend the cause title by expunging the names of the respondents nos. 7 to 11. Let the amendment in the cause title be effected here and now. By the present writ petition the petitioner, in terms of the order of amendment, has inter alia prayed for a writ in the nature of Mandamus directing the respondents to consider the petitioner as an eligible and successful candidate for the post of Assistant Teacher in Physical Education which was sought to be filled up by the 7th RLST conducted by the Commission, and for other reliefs. The case of the petitioner inter alia is that he passed the Bachelor of Physical Education examination ('B.P.Ed.', for short) from Baliapal College of Physical Education which is affiliated to Fakir Mohan University in the State of Orissa. The petitioner passed out in the year 2000.;