P.K.Ray, J. - (1.) Heard the learned advocates appearing for the parties.
(2.) This writ application was moved by the petitioner praying his appearance in the interview for the post of Class-IV staff of Simian Annapurna Kali Bidyamandir, a higher secondary school, the appointment procedure of which is controlled and guided by the guidelines issued by the Director of School Education, West Bengal under Memo No. 1736(21) GA darted 1st November, 1999. The petitioner admittedly was not a sponsored candidate but relying upon the Judgment of the Apex Court passed in the case Excise Superintendent Malkrapatnam, Krishna District, A.P. v. K.B.N. Viweshwara Rao & Ors., reported in 1996(6) SCC 216 has prayed for the following reliefs: "(a) A Writ/Order in the nature of Mandamus commanding the respondent authorities, specially the respondent Nos.1 and 2 hereinto amend and/or quash the impugned relevant Recruitment Rules being Memo No.2066- G.A. dated 27.10.1995 issued by the Director of School Education (Secondary), Government of West Bengal under the West Bengal of Secondary Education Act. 1963, for its being ultra vires of the Constitutional Provisions, commensurate to the provisions for publication in the newspapers and/or through any other widely circulated mass media inviting applications from the eligible candidates for appointment to any post in addition to the provision for requisitioning the concerned Employment Exchange authority for sponsoring the names of candidates and allowing the candidates to make independent applications for the post. (b) A Writ/Order in the nature of Mandamus commanding the respondent authorities specially the respondent Nos. 5 and 6 herein to allow your petitioner's candidature and to consider his independent necessary application for the post of Class-IV Staff in Simlon Annapurna Kali Bidyamandit (H.S.), P.O. Simlon, P.S. Kalna, Dist. Burdwan upon his making the same to the respondent No. 5 herein and to allow him to be appealed before the Selection Committee for Interview along with the Employment Exchange-Sponsored candidates for appointment in the said post; (c) A Writ/Order in the nature of certiorari directing the respondents to produce the entire original records in connection with the instant case before this Hon'ble Court and on such production being made administer conscionable Justice by perusing the same. (d) A Writ/Order/Direction in the nature of prohibition requiring the respondents' forbearing from holding the process of selection or interview in connection with this matter till the Judgment is pronounced and in case the petitioner succeeds in it, the interview letter is communicated to Mm; (e) An Ad-interim order commanding the respondent authorities specially the respondent Nos. 5 and 6 herein to allow the petitioner pending the Writ petition to appear in the interview along with the Exchange-Sponsored candidates the result thereof as to the petitioner being subject to the fate of the Writ petition."
(3.) Bhaskar Bhattacharya, J. on 26th September, 2000 passed an order at the interim stage to this effect: "The petitioner is directed to serve the copy of this application upon the respondent(s) informing that this matter will appear as "listed motion" a week after reopening. In the meantime, the school authority will permit the petitioner to appear at the interview stated to be fixed on November 1, 2000 for the post of Group-"D". After such interview, if the petitioner comes within the zone of consideration, the respondent authority will not appoint him, but such appointment will be subject, to the final decision of this writ application. However, if the petitioner does not come within the zone of consideration, the school authority will be entitled to appoint the selected candidate for the aforesaid post. Let Xerox certified copy of the order, if applied for, be supplied within a week after reopening.";