P.K. Chattopadhyay, J. - (1.) This appeal is directed against the judgment and order passed by the learned single Judge on 18th March, 2002 in W. P. 20001(W) of 1998 whereby and whereunder the learned single Judge affirmed the decision of the District Inspector of Schools (SE) Birbhum dated 9th September, 1998. From the records it appears that the duly constituted Selection Committee prepared a panel for filling up the post of Assistant Teacher in Arabic in Harioka High School. In compliance with the order dated 13th January, 1998 passed by Panigrahi, J. in connection with another Writ Petition being W. P. 23776(W) of 1997. the District Inspector of Schools (SE), Birbhum upon hearing the submissions of the respective parties passed an order on 9th September, 1998 whereby and whereunder the said District Inspector of Schools refused to approve the panel prepared by the Selection Committee. The relevant portion of the said order of the District Inspector of Schools is quoted hereunder : "Relevant papers and submissions regarding preparation of the panel are considered. As the M. C. did not accept the panel, prepared by the selection committee, so there lies procedural defects. As such the panel cannot be considered."
(2.) The aforesaid order of the District Inspector of Schools was challenged by the petitioner before the learned single Judge and the learned single Judge while finally deciding the writ petition of the petitioner herein came to the conclusion that there is no legal infirmity in the aforesaid order of the District Inspector of Schools (SE), Birbhum and therefore, refused to grant any relief to the petitioner. The relevant portion of the impugned order passed by the learned single Judge is quoted hereunder: "In the aforesaid circumstances, no legal infirmity can be found with the order of the D.I.S.(S.E.) refusing to consider the panel which has not been submitted to him by the Managing Committee for his approval. Merely because, the Secretary of the institution has forwarded the papers to the D.I.S., it cannot be said that the District Inspector of Schools (S.E.) is bound to consider the same and accord approval."
(3.) On examination of the order passed by the District Inspector of Schools (SE), Birbhum on 9th September, 1998 it appears that the said District Inspector of Schools refused to consider the panel forwarded by the Managing Committee on the ground that the said Managing Committee did not accept the panel prepared by the Selection Committee. The District Inspector of Schools, however, specifically mentioned in the said order dated 9th September, 1998 that the panel alongwith the relevant papers were forwarded by the Managing Committee. The relevant portion of the said order of the District Inspector of Schools in this regard is quoted hereunder: "But due to negative attitude and pressure of a few members of the M.C. the panel could not be approved in the meeting of the M. C. So, the said panel alongwith relevant papers was forwarded to the Dist. Inspector of Schools (S.E.). Birbhum.";