ASIM KUMAR GIRI AND ORS. Vs. THE STATE OF WEST BENGAL AND ORS.
LAWS(CAL)-2016-3-28
HIGH COURT OF CALCUTTA
Decided on March 18,2016

Asim Kumar Giri And Ors. Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

Debangsu Basak, J. - (1.) Four writ petitions have been taken up for hearing together.
(2.) The petitioners have assailed a panel prepared by the members of the Selection Committee for the purpose of recruitment to the post of primary teachers on the basis of the advertisement of 2009 under the Purba Medinipur District Primary School Council.
(3.) For the sake of convenience the fact scenario of W.P. No. 29665 (W) of 2013 has been taken into consideration. It has been contended on behalf of the petitioners that, the rules of the selection process were changed midstream subsequent to the advertisement inviting participation in the selection process. The authorities had published an advertisement on August 30, 2009 inviting applications for the post of primary teacher of Purba Medinipur District Primary School Council. The authorities by a Notification dated April 23, 2010 which is subsequent to the commencement of the selection process has changed the rules of the selection. Apparently the panel has been prepared on the basis of the April 23, 2010 notification. The authorities should have applied the rules as notified by the Notification dated July 27, 2009. Having not done so, the panel is bad. In support of the contention that, rules of the selection process cannot be changed midstream, reliance has been placed upon : 2013 Volume 4 Supreme Court Cases page 540 (Tej Prakash Pathak & Ors. v/s. Rajasthan High Court & Ors.) and : 2008 Volume 3 Supreme Court Cases page 512 (K. Manjusree v/s. State of Andhra Pradesh & Anr.).;


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