Jayanta Kumar Biswas, J. - (1.) The petitioner in this writ petition dated March 17th, 2005 took out a previous writ petition (No. 686(W) of 2005) dated January 14th, 2005. In the previous writ petition there were twenty-three paragraphs, and para 19 thereof was "19. That the petitioner did not move this Hon'ble Court and or other court earlier on the same facts and cause of action.
(2.) This writ petition also contains twenty-three paragraphs, para 19 of the previous writ petition has been omitted and a new para, numbered 9, has been inserted to say, "9. Your petitioner states that on 26.2.2005 your petitioner made a representation to the D.I. of Schools (SE) concerned and the copies of the same were served upon the school authorities praying for absorption of your petitioner for the said post and/or allow him to appear before the selection committee to prove his eligibility for the said post." Except these two distinguishing features, both the writ petitions are identical in every respect.
(3.) His previous writ petition was dismissed by order dated February 25th, 2005, noting, "The grievance of the petitioner is that the respondents are not permitting him to participate in the selection process initiated for the group-D post of Beler Dhanya Kuria Madhyamik Vidyalaya (HS). His advocate submits that since the petitioner was not given a compassionate appointment at the death of his father who was a group-D staff of the school, and since the school authority utilised casual service of the petitioner for some time, he should be permitted to offer his candidature for the post.";