ARUN KUMAR MITRA, J. - (1.) This writ "petition concerns the challenge of appointment of respondent no.9 herein in the post of Peon of Nazirbazar Harendra High School (hereinafter termed as said school). FACTS IN BRIEF
(2.) A post of Peon, the Class IV staff fell vacant in the said school. It would be relevant to mention in this context that the said school is governed by the management of Recognized non-Government Institutions' (Aided and Unaided) Rules 1999 (hereinafter termed as said Management Rules).
(3.) According to the petitioner he got his name registered in the District Employment Exchange Office at Cbntai,Purba Medinipore on 02-07-1984. . Since the date of his registration he could not get any call through Employment Exchange. The name of the petitioner was not sponsored by the Employment Exchange and the petitioner moved a writ petition praying for anopportunity to participate -in.-the interview.. The said 'writ petition was numbered W. P. No. 213 (W)of 2005 and on the said writ petition Hon'ble Justice Indira Banerjee directed that if the petitioner makes an application to the said school for consideration of his candidature the same shall be considered if he is otherwise eligible and he shall be allowed to appear in the interview notwithstanding the fact that his name has not been sponsored by the Employment - Exchange. The writ petition is still pending. Relevantly, it may be stated that respondent no.9, Pradip,) Kr. Maity also moved a writ petition being W. P. No. 15384 (W) of 2004. On the said writ petition order was passed and said Pradip Kr. Maity was allowed to appear in the interview. Clarifications was sought for on behalf of said Pradip Kr. Maity in respect of the said order passed by the learned! single Judge on this writ petition and the Hon'ble Single Judge observed' that no clarification is required since the order is clear. The said Pradip Kr. Maity, respondent no. 9 herein prayed for relaxation of age alleging that he is a handicapped candidate having certificate of deamessi, The Hon'ble Single Judge observed that if under the rule the. respondent no.9 is entitled to relaxation as a physically handicapped candidate then he will be granted said relaxation and no further order is required. Accordingly, both the candidates that is the writ petitioner herein and the respondent no. 9 appeared in the interview for the post of Peon off the said school, The respondent no. 9 was selected for appointment inasmuch as he topped the paneL;