- (1.) Challenge in this writ petition is to an order dated February 4, 2015 of the Commissioner, School Education, West Bengal. A panel prepared by the authorities of Shree Balkrishna Vithalnath Vidyalaya (hereafter the said vidyalaya) for appointment on the post of headmaster was not approved for reasons assigned in such order and the vidyalaya authorities were directed to prepare a fresh panel after publishing advertisement in a state level daily newspaper having wide circulation and form the selection committee with an external expert having qualification and experience as mentioned in G.O. No. 1267/1(21)-GA dated November 26, 1998.
(2.) The petitioner is an assistant teacher in the said vidyalaya. Pursuant to an advertisement issued by the authorities thereof in the issue of 'The Hindu' dated October 29, 2013, the petitioner had offered his candidature for appointment on the post of headmaster. He was found qualified to participate in the selection process and ultimately was called upon to appear for an interview before the selection committee formed for the purpose of selection. In all 7 (seven) candidates had offered their candidature and only 4 (four) including the petitioner appeared at the interview before the selection committee. Out of the 4 (four), 1 (one) was found ineligible since her appointment was not approved. Upon consideration of the candidature of the 3 (three) eligible aspirants, a panel was prepared wherein the petitioner secured the 1st position.
(3.) A complaint had been lodged by one Dilip Chakraborty in regard to the process initiated for appointment of headmaster of the said vidyalaya. The District Inspector of Schools (S.E.), Howrah forwarded the entire matter to the Commissioner. Legal proceedings by presentation of writ petitions were initiated before this Court : one by the petitioner and the other by a group of persons who complained of the selection process being fraught with illegalities. The petitioner was aggrieved because the panel was not being considered. Both the writ petitions were disposed of by a learned Judge of this Court with a direction upon the Commissioner to cause a thorough enquiry in respect of the affairs of the said vidyalaya in the matter of selection of headmaster. The Commissioner was directed to extend adequate opportunity of hearing to all concerned including the petitioners before His Lordship and to complete the exercise as directed within a period of 8 (eight) weeks from the date of communication thereof. It was pursuant to such order that the Commissioner proceeded to pass the order impugned in this writ petition.;