JUDGEMENT
Jayanta Kumar Biswas, J. -
(1.) The petitioner is praying for a mandamus directing the school service commission to recommend her for the post of assistant teacher of English in any school close to her place of residence.
(2.) She took the requisite examination conducted by the commission in the year 1999. She was selected and empanelled. The selected candidates were to be recommended according to their panel positions that indicated their merit positions as well. According to her merit position she was recommended by the commission on January 8th, 2001. The school concerned declined to offer the appointment on the ground that the vacancy existing there was a reserved one. Since the panel concerned was current at that time, the commission revoked the recommendation dated January 8th, 2001 and issued fresh recommendation dated February 23rd, 2001. The school for which this recommendation was made was not close to the petitioner's place of residence.
(3.) Seeking revocation of the recommendation dated February 23rd, 2001 and requesting the commission to recommend her to a school close to her place of residence, she submitted a representation dated March 1st, 2001. The commission did not take any action. In the meantime the school concerned offered the appointment and she accepted it and joined the school on March 8th, 2001. Thereupon she took the 2001 examination held by the commission for recruiting and selecting assistant teachers. She was again selected and empanelled. This time also according to her merit position in the panel she was recommended by the commission on January 11, 2003. She however chose not to join the school for which the commission had recommended her. Long thereafter only on February 9th, 2005 she took out this writ petition. Before that she had submitted a representation dated March 12th, 2004 requesting the commission to transfer her to a school close to her residence.;
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