Bhagabali Prasad Banerjee, J. - (1.) In this Civil Rule the petitioner has challenged the validity of the order of appointment of Shri Swapan Bhattacharya, the respondent No. 6 in the writ petition on the ground that the name of the respondent No. 6 was not in the panel prepared in accordance with the procedure laid down in Circular No. 7007(15) V dated 2.10.78 which is annexure B to the petition, issued by tho Secretary to the Government of West Bengal, Department of Animal Husbandary and Veterinary Service for recruitment of Veterinary Field Assistants.
(2.) The case of the petitioner is that pursuant to an advertisement issued by the Respondent No. 3, the petitioner applied for the post of Veterinary Field Assistant for Bankura District and that after the interview was held in accordance with the said circular two separate panels one for reserved category and of scheduled castes and the other for scheduled tribes category were prepared by the District Veterinary Officer, Bankura which was forwarded to the Adviser, Animal Husbandary and Vererinaty Service, Government of West Bengal, Calcutta-1 by the Memo No. 60/Misc-3 dated Bankura the 12th January, 1981 which is annexure G to the petition. In the said panel, the petitioners name appeared against Serial No. 2 in unreserved category. In the unreserved category there are 10 candidates who were selected on the basis of the marks obtained at the said interview and the list of scheduled castes and scheduled tribes category contained 5 names which was also prepared on the basis of the marks obtained at the said interview. The name of the respondent No. 6, Swapan Kumar Bhattacharya did not appear in the said panel which is annexure G to the petition. It appeared that one Shri Mritunjay Pal whose name was against serial No. 1 in the unreserved category, was appointed by the Memo No. 5531/1A 6-80-ES dated 18.11 80 in the post of Veterinary Field Assistant Similarly shri Kartick Chandra Mali whose name appeared against Serial No. 1 in the said reserved category was also appointed by the order No. 1065/1 A-6/80-E S. dated 1481. It further appears that Abani Mohan Midya whose name appeared against Serial No. 2 in the panel of reserved category, was also given an appointment in the post of Veterinary Field Assistant by the order No. 1339/1 A-6/80 E S. dated 20th April, 1981. It further appeared that on the same day namely on 18.11.80 when Shri Mritunjay Pal was given appointment in the post of Veterinary Field Assistant, the respondent No. 6 whose name did not appear in the said panel was given appointment in the post of Veterinary Field Assistant.
(3.) Mr. Prasenjit Basu, learned advocate appearing on behalf of the petitioner, contended that the appointment of the respondent No. 6 in the post of Veterinary Field Assistant was made in clear violation of the circular laying down the procedure to be followed in the matter of selection which is annexure B to the petition and it was further contended that the persons out of the panel could not be appointed when after Mritunjay Pal was appointed, it was the turn of the petitioner to get an appointment in unreserved category and that the authorities concerned arbitrarily appointed the respondent No. 6 in the said post.;