ASHIM KUMAR ROY, J. - (1.) THE writ petitioner approached this court with a case that he secured second position in the panel for appointment in the post of 'Group -D' staff at Baraduary High School, Malda. It was his further case after some irregularities was detected in the selection process as per as the candidate who stood first in the panel, the District Inspector of Schools (S.E.), Malda cancelled the entire panel, instead of giving appointment to the petitioner who was the second successful candidate in the panel. He further contended that District Inspector of Schools(S.E), Malda be directed to restore the panel and the petitioner be given appointment in the said post.
(2.) ON the other hand, the learned Counsel appearing for the respondent no.6 submitted that his client has already got appointment in the said post pursuant to an order passed on March 19, 2010 by a Co -ordinate Bench of this Court in connection with W.P. 21169(W) of 2005. He further submitted that against the said order, this writ petitioner preferred an appeal before the Division Bench of this court being Mat. No. 1295 of 2010 and the said appeal has already been dismissed. Therefore, the order passed by the Single Bench has reached its finality. He further pointed out that in the four corner of this petition, neither anything has been mentioned about the aforesaid writ application nor about the order was therein and when, an appeal was preferred against the order passed in the writ application, the same has been dismissed. He then urged this is a serious mala fide on the part of the writ petitioner. He added that the advocate on record in this application Mr. Jamiul Islam was also the advocate on record in the appeal preferred against the order passed in connection with W.P.21169 (W) of 2005 and he further submitted therefore, there is no little scope to deny that the writ petitioner was never aware of those orders. Now, having regard to the facts, already pursuant to an order passed by a Co -ordinate Bench of this court, the respondent no.6 appointed in the post in question and the appeal preferred against it, was dismissed and the order of the appellate court was not challenged before any Superior Court and thus the order of the Single Bench has reached its finality, the question of granting relief has sought for does not at all arise. This writ application, accordingly stands dismissed. Urgent photostat certified copy of this order, if applied for, be given to the learned advocate for the parties on usual undertaking.;