Pratap Kr. Ray, J. - (1.) Heard the learned Advocates appearing for the parties.
(2.) The matter has been heard at length for as many as 12 days or more on allowing all parties proper opportunity of hearing. Today the matter is appearing in the list as 'For Orders'. The writ petitioner has prayed for the following reliefs in the writ application. "a) A writ in the nature of mandamus directing the District Inspector of Schools (SE), Murshidabad to forthwith withdraw, recall and set aside the approval of the said illegal recast panel made by the Selection Committee in the instance of the District Magistrate Murshidabad and to approve the panel made by the Selection Committee where - the petitioner has been placed at the top. b) A writ in the nature of mandamus directing the District Inspector of Schools (SE), Murshidabad as well as School Authority to submit a report of the enquiry by the Deputy Magistrate, Murshidabad and also all relevant records relating to this interview." The factual matrix of the case as pleaded in a nutsell is as follows :
(3.) The petitioner along with other eligible candidates appeared in the selection process with reference to the filling up of vacancy of the post of clerk in Dakshin Khanda Mahatmaji Vidyapith. The selection process started in terms of the recruitment procedure issued by the Director of School Education, West Bengal. The Selection Committee as constituted by the Managing Committee duly interviewed the candidates by taking oral interview and the typing test through an Expert Body and a panel was ultimately placed to the Managing Committee for recommendation and onward transmission to the office of the District Inspector of Schools concerned for his necessary approval. The Managing Committee recommended the same and the matter was pending before the office of the District Inspector of Schools concerned for approval. At this juncture on behalf of the private respondent No. 8, Shri Adhir Ranjan Chowdhury, Member of Parliament of the concerned area had written a letter to the District Magistrate, Murshidabad alleging, inter alia, that the selection process was not proper and there was manipulation of marks so far as typing test was concerned. The District Magistrate, Murshidabad alleging, inter alia, that the selection process was not proper and there was manipulation of marks so far as typing test was concerned. The District Magistrate, Murshidabad entertained this complaint and directed one of his officers, Smt. Sima Halder, an Additional District Magistrate to enquire into the matter, who in turn scrutinised the papers of the selection process by her visit in the school premises and thereafter made a note directing the District Inspector of Schools concerned to take appropriate steps by pointing at the alleged illegality in the marking of the typing test. In pursuance thereof, the District Inspector of Schools concerned acted and on the basis of the enquiry report whereby the respondent No. 8 was shown as the first empanelled candidate, contrary to the panel as prepared by the Selection Committee as per Recruitment Rules, directed the School Authority to recast the panel and such requested panel was placed before the District Inspector of Schools concerned who accorded approval. From that panel the respondent No. 8 was appointed giving a go-bye to the first empanelled position of the petitioner as was judged by the Selection Committee members and which was accepted by the Managing Committee by its recommendation following the Recruitment Rules.;