- (1.) The petitioner filed the first writ petition in W.P No.15116 (W) of 2001 for direction upon the respondent no.5 to recast and cancel the said panel as prepared by an interview dated 19th January, 2001 for the post of Group D (reserved for Schedule Class) for the Nayagram Thana Balika Vidyalaya, Dist-Midnapore.
(2.) The petitioner's case in brief is as follows:- That the petitioner passed Class-VIII and enrolled his name in the Jhargram Employment Echange, P.O-Jhargram. Since one post of Peon (Group D) was fallen vacant in Nayagram Thana Balika Vidyalaya, therefore on the basis of the prior permission names had been called by the school authority from the Employment Exchange for the eligible candidates of the said post on 3rd August, 2000. Since the petitioner possessing requisite qualification for the said post and he also has been temporarily worked in the said institution, he moved a writ petition being W.P No.14399 (W) of 2000 for allowing the petitioner to appear at the interview along with the other concerned candidates . The said writ petition was disposed of on 18th September, 2000 with the direction upon the school authority to allow the petitioner to appear at the interview stated to be held on 17th September, 2000 or subsequent dates for the post of Peon. The private respondent being respondent no.6 also filed a writ petition being W.P No.16250 (W) of 2000 and the said writ petition was disposed of on 25th September, 2000 by this Hon'ble Court by directing the school authority to allow the petitioner to appear in the interview scheduled to be held on 17th September, 2000 for the post of Peon of the said school. Finally, the interview was held on 19th January, 2001 in the school premises with 20 candidates along with the petitioner and respondent no.6. On that date i.e. on 19th January, 2001 Selection Committee prepared a panel where the petitioner stood first but after long time the panel did not placed before the Managing Committee for approval. Finally the members of the Selection Committee signed the individual score-sheet and on 16th April, 2001, but Again the panel was kept in abeyance as the Managing Committee sitting tight over the said panel. The said panel dated 16th April, 2001 was prepared as follows :- "Name of the Candidates Number scored 1. Sri Sunil Shit 23 2. Rash Bihari Patra 22 3. Janmenjoy Shit 21" The Panel was prepared by the Managing Committee and the same was sent to the concerned District Inspector of School for approval. Further the writ petitioner of the first empanelled candidate namely, Sunil Shit (Non-sponsored Candidate) who appeared before the Selection Process in terms of an interim order passed in W.P. No. 16250 (W) of 2000 came up for final hearing before the Hon'ble Justice Barin Ghosh (as His Lordship ) then was on 5th October, 2011 wherein after hearing the parties His Lordship was pleased to dismiss the said writ application giving rise to W.P. No.16250 (W) of 2000 on the ground that no junior to the petitioner (Sunil Shit) had been sponsored by the concerned Employment Exchange depriving the petitioner's claim in W.P. No.16250 (W) of 2000. His Lordship was further pleased to vacate the interim order and further direct the school authority to recast the Panel confining the selection only amongst those who have been sponsored by the Employment Exchange and submit the Panel to the District Inspector of Schools (S.E) Midnapur for his necessary approval. The order dated 05.10.2001 passed in W.P. No.16250 (W) of 2000 is annexed as Annexure P-4 to the Writ Petition giving rise to W.P. No.14572 (W) of 2002. Challenging the impugned order the petitioner filed the present writ petition on the ground that the first candidate namely Sunil Shit is not an eligible candidate therefore, his selection is not proper and the second candidate Sri Rash Behari Patra is a totally blind person he cannot read and write properly. Therefore, that impugned panel should be set aside by directing the respondent authority to recast the panel by placing the petitioner's name in first position of the panel. The respondent no.7, Rash Behari Patra in the first writ petition who should stood second in the panel also filed a writ petition being W.P. No,14572 (W) of 2000 praying interalia for preparation of one man panel after recasting the same on the ground that the first empanelled candidate and the third candidate's names were not sponsored by the concerned Employment Exchange. They only appeared in the said interview on the basis of the Hon'ble High Court order though they failed to prove their eligibility. The said Rash Behari Patra also moved another writ petition in W.P. No. 5041 (W) of 2012 praying interalia for Additional District Inspector General to withdraw/cancel/quashed the order dated 21st December, 2010 passed by him thus canceling the scheduled caste certificate no.329 dated 3rd September, 1981 issued by the Sub Divisional Officer Jhargram, Paschim Midnapore and also prayed for direction upon the respondent concerned to refer the matter for determining the schedule caste status of the petitioner to the National Commission for schedule caste and schedule tribes being a constitutional Apex body having office at New Delhi pending disposal of the instant writ petition as the petitioner's schedule caste certificate has been cancelled by the Additional District Magistrate (Gen) vide its order dated 21st December, 2010 on the basis of complaint made by the private respondent herein Sri Janmenjoy Shit who is also a petitioner in other writ petition.
(3.) Mr. D.K. Adhikari, learned Advocate appearing for the petitioner contended that Additional District Magistrate has no authority to cancel the schedule caste certificate of the petitioner which has been granted by the appropriate authority in favour of the petitioner after considering all the formalities as well as legal aspect.;