- (1.) ON the prayer of the Learned Advocate appearing for the appellants, leave is granted to the Learned Advocate -on -record for the appellants to amend the memorandum of appeal for challenging the judgment and order dated 8th May, 2014 passed by the Learned Single Judge in W.P. No. 10619(W) of 2014, in addition to the challenge which has already been made by the appellants against the order dated 18th June, 2014 passed by the Learned Trial Judge.
(2.) SELECTION process was initiated by the college authority for filling up various vacant posts, such as : 1. Electrician -cum -Caretaker (UR), 2. Lab Attendant (Physiology) (UR), 3. Lab Attendant (Chemistry) (SC), 4. Sweeper (SC), 5. Guard (SC), 6. Peon (SC), 7. Mali, 8. Clerk (UR) 9. Clerk (SC). After holding the selection tests for filling up those vacancies, individual panel was prepared for each of those vacancies by the selection committee. Initially the governing body adopted a resolution by cancelling all the panels, including the panel which was prepared for the post of electrician -cum - caretaker (ur), without giving any reason for disapproval of these panels. Challenging the said resolution of the governing body, writ petition being W.P. 10619(W) of 2014 was moved by the writ petitioner. After entertaining the said writ petition, the Learned Single Judge of this Court by His order dated 8th May, 2014 cancelled the resolution which was adopted by the governing body. The Teacher -in -Charge was directed to supply all the papers to the governing body and the governing body was directed to grant approval on that basis and send it to the Director of Public Instruction for taking proper action. The writ petition was directed to be listed two weeks after the summer vacation. Subsequently, the governing body on the basis of the papers supplied by the Teacher -in -Charge considered those papers and ultimately approved the panel prepared by the selection committee with regard to eight posts, excepting the post of electrician -cum -caretaker (ur). The reason for disapproval of the panel, prepared by the selection committee, for the electrician -cum -caretaker (ur) has also been mentioned in the resolution of the governing body.
(3.) PRESENTLY , we are concerned with the governing body's resolution with regard to the panel for the post of electrician -cum -caretaker (ur). Since the panel prepared by the selection committee for the post of electrician - cum -caretaker (ur) was not approved by the governing body, in terms of the interim order passed by the Learned Single Judge of this Court on 8th May, 2014; His Lordship set aside the decision of the governing body with regard to the panel prepared for the post of electrician -cum -caretaker (ur) and again directed the governing body to grant approval in favour of Tamal Bhattacharjee who occupied the first position in the panel for the said post. The writ petition was adjourned for a week and the governing body was directed to produce its approval to the panel, prepared for the post of electrician -cum -caretaker (ur), before the Court, with a rider that in case such approval is not produced before the Court, penal measure would be taken against the authority. The said order which was passed by the Learned Single Judge of this Court on 18th June, 2014 is under challenge in the mandamus appeal at the instance of the governing body of the said college.;