- (1.) The petitioner filed the instant writ petition praying inter alia for issuance of mandamus against the District Inspector of School (S.E) , Uttar Dinajpur, respondent no.3 to approve the panel for appointment of Group D staff under the Bhupal Chandra Vidyapith (H.S), Bhupalpur under P.S.-Raiganj, District-Uttar Dinajpur after quashing/canceling the name of the private respondent no.6, Mijanur Alam (writ petitioner in W.P. 13166(W) of 2011).
(2.) The petitioner's case in brief is as follows:- The School authority on 2nd December, 2014 issued an advertisement for the Group D post of the Bhupal Chandra Vidyapith (H.S), under P.S-Raiganj, Distirct-Uttar Dinajpur in the newspaper namely 'Uttar Banga Sambad' . Since the petitioner belongs to schedule caste category and a VIII passed candidate his name was sponsored by the employment exchange against the said vacancy along with others. The petitioner came to learn that one post under the general category was also lying vacant. Therefore, though the petitioner belongs to schedule caste category the petitioner requested the school authority to consider his candidature for the said Group D post under the general caste category since his name has been sponsored by the employment exchange and he possesses all the requisite qualifications and also within the zone of prescribed age limit. The school authority fixed the interview on 9th and 10th July, 2009 and the petitioner along with the private respondent nos. 6 and 7 duly appeared before the selection committee constituted by the Managing Committee of the said school. Thereafter the selection committee prepared a panel of three candidates namely (1) Mijanur Alam, (2) Babul Hossain (3) Atul Chandra Barman. After being unsuccessful in the selection process the petitioner filed the present case for cancellation of the selection of private respondent no.6 (Petitioner in the W.P. 13166 (W) of 2011) on the grounds indicated below :- (i) That one Rafiqual Alam is a influential person in that locale and also a member of the Managing Committee of the said school who is the father of the respondent no.6 who stood first in the panel; (ii) The said Managing Committee took resolution on 4th June, 2006 in respect of the selection committee for appointment of Group D staff in the said school when Rafiqul Alam being one of the members of the Managing Committee was very much present. (iii) The said panel of three candidates was sent by the Managing Committee for approval to the respondent no.5 where Rafiqul Alam's (father of respondent no.6)name was very much present being one of the members of the Managing Committee. (iv) That being the position Rafiqul Alam being the father of the respondent no.6 influenced the Managing Committee to select his son as first candidate in the so called three candidates panel prepared by the selection committee. As a result the panel was prepared in biased and closed mind by the selection committee being influenced by the father of the respondent no.6 who stood first in the panel.
(3.) Mr. Chinmoy Pal, learned Advocate appearing for the petitioner contended that the candidature of the respondent no.6 should be cancelled as the selection committee being influenced by the father of the respondent no.6 (who is one of the members of the Managing Committee of the said school) declared respondent no.6 as first in the panel, depriving the candidature of the petitioner.;