JYOTIRMAY BHATTACHARYA, J. - (1.) THIS mandamus appeal is directed against an interim order passed by a learned Single Judge of this Court on 28th November, 2014 in W.P. No. 31563(W) of 2014. By the said order, liberty was given to the District Primary School Council to prepare a panel, with this rider that necessary approval thereof may also be obtained, but no appointment shall be made from the panel without obtaining the leave of the Court till 12th December, 2014 or until further order whichever is earlier.
(2.) THE said interim order was passed in a writ petition wherein the District Primary School Council, Howrah, was not a party. However, the Chairman of the District Primary School Council was impleaded as a respondent in the said writ petition and the Chairman of the District Primary School Council, Howrah, was represented by his lawyers, before the Learned Single Judge in course of hearing of the writ petition.
(3.) SINCE the District Primary School Council, Howrah, was not a party to the said proceeding, an application has been taken out by the said Council seeking leave of this Court to prefer an appeal for challenging the order passed by the learned Trial Judge of this Court on 28th November, 2014 as a party adversely affected by the interim order passed by the learned Single Judge. We find that in the impugned order some directions were issued upon the District Primary School Council for not giving any appointment from the panel prepared on the basis of de novo recruitment process without the leave of the Court. Such directions, according to the said Council are contrary to the spirit of the order passed by the Division Bench of this Hon ble Court on 9th June, 2014 in a mandamus appeal being F.M.A. 3116 of 2013. Our attention has been drawn to the order passed by the Division Bench of this Hon ble Court on 9th June, 2014 in F.M.A. 3116 of 2013 whereby the said Council was directed to complete the entire selection process in terms of the order passed by the Principal Secretary to the Government of West Bengal on 21st June, 2012 as early as possible and positively within a period of three months from the date of communication of the said order so that the selection process can be completed without any further delay.;