ASHIM KUMAR BANERJEE, J. - (1.) The writ petitioner was an assistant teacher in Midnapore Collegiate School. The vacancy occurred in the post of Headmaster in the said concerned school because of retirement of the then Headmaster in the year 2004. The West Bengal Central School Service Commission published an advertisement on July 17, 2004 inviting application for the post of Headmaster. The petitioner duly applied for the said post. However, he was not called for any interview as according to them he did not come within the zone of consideration. The petitioner, however earlier applied for the post of Headmaster in 1999 and he was selected for another school. He did not join the said school because of his father's ailment.
(2.) The petitioner approached this court by way of the present writ petition. Mr. Mihir Chakraborty, learned counsel appearing for the petitioner contended as follows: (i) Under the West Bengal School Service Commission Regulations for the post of Headmaster as well as Assistant teacher written examination is contemplated. In the instant case the School Service Commission did not hold any written examination and elected the private respondent for the post of Headmaster in the concemed school without holding any written examination. (ii) The writ petitioner was earlier selected for the said post which he could not avail. Hence, it was presumed that he had the requisite qualification and as such he should have been given an opportunity to compete for the post by participating at the interview. (iii) Since in the Affidavit-in-Opposition filed by the commission the writ petitioner was shown to have obtained 32 marks whereas the last candidate called for the interview obtained 34 marks the writ petitioner should have been allowed to participate at the interview process.
(3.) To elaborate his submission Mr. Chakraborty relied on the School Service Commission Act, 1977 and the regulations framed thereunder. Mr. Chakraborty relied on Sections 17 and 18 as well regulation framed under Section 18 which provided written examination. Mr. Chakraborty also drew my attention to the booklet issued in 1999 which stipulated written test for the post of Headmaster. According to him, such written test was in terms of the regulation and as such the School Service Commission did not have any authority to do away with written test in 2004 only to avoid healthy competition. According to Mr. Chakrabotty the test was done away with only to avoid his candidature. He further contended that in case he was allowed to participate at the interview he could have mane the short fall by doing well in the interview.;