- (1.) Heard the learned Advocates appearing for the parties.
(2.) In the instant case, the writ petitioner has prayed the following reliefs : "a) A writ in the nature of mandamus directing the respondents their agents and subordinates not to give effect or further effect of the said order and to cancel and/or set aside the impugned order being annexure "H" to the writ petition and direct them to approve the said services of the petitioner pursuant to approval of the said panel annexure "B" and to release his salary with effect from 15.5.97 forthwith as clerk of Nishindra High School, P.O. Srimantapur, District Murshidabad and not to give any effect or further effect of the Second List dated 26.7.96 of the Employment Exchange and to cancel the same. b) A writ in the nature of Mandamus commanding the respondents their agents and subordinates not to give effect or further effect of the impugned order being Annexure 'H' to the writ petition and/or rescind and/or cancel and/or withdraw the impugned order Annexure 'H' to the writ petition forthwith and direct them to give effect of the approval of the panel Annexure "C" to the writ petition and to release his salary w.e.f. 15.5.97 and not to disturb the service of the petitioner in any manner whosoever or in the said school and post; c) A writ in the nature of certiorari directing the respondents each of them to certify and produce the records and documents connected with this case before the Hon'ble Court so that conscionable justice may be done by quashing or cancelling all alleged order Annexure 'H' to the writ petition. d) An ad interim order of injunction restraining the respondents their agents and subordinates from giving any effect or further effect of the impugned order Annexure 'H' to the writ petition and restraining them from taking fresh interview and to prepare a fresh panel for the said post and not to disturb the service of the petitioner in the post of clerk of the said school and to continue his service in the said post as usual, in any manner whatsoever till the disposal of the Rule." The facts relating to the writ application is to this effect. For the post of clerk in the concerned school, which was controlled by the recruitment process issued by the Director of School Education, West Bengal under Memo No. 2066-G.A. dated 27th October, 1995, prior permission to fill up the vacancy was accorded directing the school authority to invite the names from the Employment Exchange. In pursuance thereof the Employment Exchange sent a list of twenty candidates by signing the same on 18th July, 1996. In this list, the name of respondent No. 6 was not included. So he lodged a grievance to this effect that his seniority position was not considered for sending the list of eligible candidates by the Employment Exchange. As a result of such, the Employment Exchange considering his complaint as justified, sent his name by correcting the first list by letter No. PF- 7/96/627 dated 22nd July, 1996 holding that the earlier list was corrected and modified by incorporating the name of respondent No. 6, Ganapati Chowdhury in Serial No. 10 of the list and by deleting the last name of Probodh Kr. Singh from the earlier list. This list was duly signed on 21st July, 1996 and sent to the school authority. The school authority issued the interview letter by fixing the date of interview on 28th November, 1996 and such interview letter was sent on 7th November, 1996. Though on 7th November, 1996 and long before that period, corrected names of sponsored candidates from the Employment Exchange was within the knowledge of the school authority but the school authority followed the first list as sent by the Employment Exchange. Since the respondent No. 6 was not served with any interview letter, he moved this writ being C.O. No. 18351(W) of 1996 on 26th November, 1996 that is two days prior to the date of interview as fixed on 28th November 1996. In this writ a direction for affidavit only was given and subsequently this writ was finally decided on 5th December. 1996 by the order passed by S.R. Mishra, J. (as His Lordship then was) directing the District Inspector of Schools concerned to consider the representation of the petitioner in accordance with law. However, in the meantime the school authority finalised the panel on the basis of the first list of Employment Exchange which was already lying as cancelled by the Employment Exchange authority by sending a corrected list on 22nd July, 1996 and thereby sent the panel for approval to the office of the District Inspector of Schools concerned who accorded approval on 9th January, 1997. Though there was an order on issue of interview by S.R. Mishra, J. (as His Lordship then was) directing the District Inspector of Schools concerned to decide the representation of the respondent No. 6 but before according approval of the panel, this was not heard by the said officer. On the basis of approved panel and writ petitioner joined in the post on 15th May, 1997. Since no approval was accorded with reference to appointment is concerned, the writ petitioner moved another writ petition W.P. 26090 (W) of 1997 which was disposed of by Basudeva Panigrahi, J. (as His Lordship. then was) on 5th January, 1998 directing the District Inspector of Schools concerned to hear out the grievance. The District Inspector of Schools concerned heard the grievance of the respondent No. 6 on 11th February, 1998 and passed the impugned decision cancelling the approved panel and directed de novo interview of the candidates, who were referred to by the Employment Exchange correcting the first list by incorporating the name of the respondent No. 6 writ application has been opposed the respondent No. 6
(3.) This writ application has been opposed the respondent No. 6 and the State respondents by filing their respective affidavits. The learned Advocate for the petitioner in the writ application has prayed for cancellation of the impugned order dated 11th February, 1998 whereby the panel dated 9th January, 1997 was cancelled and also has prayed for post appointment approval for release of salary, allowance and benefits with effect from date of joining 15th May, 1997.;