SAMBUDDHA CHAKRABARTI, J. - (1.) THE sole question involved in the writ petition is whether a candidate topping the panel can be superseded by the second in the panel if he does not respond in time and, if so, who can take the decision in the context of the present case.
(2.) THE petitioner who is a local resident applied for the post of a para -teacher. He appeared at the interview but he was empanelled as the second candidate and the respondent no. 7 herein topped the list. This was a ground of grievance for the petitioner as, according to him, he was best suited to top the list - both according to qualification as well as age. He raised an objection about the placement of the respondent no. 7 at the top and sent it to different authorities including the District Project Officer. He is also aggrieved by the fact that the District Project Officer, the respondent no. 2 herein, without disposing of his objection approved the panel and the Village Education Committee (the Committee, for short) issued an appointment letter in favour of the respondent no. 7 directing him to join the school by a certain date. According to the petitioner as the said respondent did not join by the date fixed the Committee called a meeting and decided to issue an appointment letter in favour of the petitioner and the President of the Committee intimated the Headmaster of the West Chownagara High School to take steps accordingly. The petitioner joined the school and signed the agreement.
(3.) THE problem for the petitioner started soon thereafter. According to him although he was discharging his duties he had not been granted any remuneration for the post and in the last week of June, 2007 was served with a memo issued by the respondent no. 2 wherefrom it appeared that he had informed the Head Teacher of the school to take necessary steps for joining of the first empanelled candidate to the post concerned. The petitioner has challenged the said decision by the present writ petition.;