MAHADEV DHARA Vs. STATE OF WEST BENGAL & ORS.
LAWS(CAL)-1996-12-28
HIGH COURT OF CALCUTTA
Decided on December 13,1996

Mahadev Dhara Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents




JUDGEMENT

N.K. Batabyal, J. - (1.)The writ petitioner is the Secretary of the Managing Committee of Kuapur High School. Dist. Midnapore, affiliated to the Board of Secondary Education, W.B. The post of an Asst. Teacher in Bengali was vacant in the School as the D.I. of Schools. Midnapore was pleased to sanction the post with directions to appoint an MA. B.Ed. in Bengali for the post The Central Employment Exchange was approached for sponsoring the names of eligible candidates. The Exchange forwarded the names of 20 candidates. Thereafter, a meeting of the Managing Committee of the School was held on 26th June. 1995 and a resolution was passed on that date by which the Headmaster of the School (Respdt No. 6) was requested to contact the prospective experts for appointment as the member of the Selection Committee. A copy of the Resolution dt. 26 -06 -95 has been annexed with the writ -petition and marked with the letter 'A'. The Headmaster, without the authority of the Managing Committee, issued a letter dated 03 -08 -95 to Mr. Rameswar Mondal, Asst. Teacher of Jhakra High School, Dist. Midnapore. in Bengali appointing him as expert. Thus, the Headmaster exceeded his jurisdiction and illegally appointed Mr. Mondal as an expert in the Selection Committee. As a result, the composition of the Selection Committee was not in accordance with law and violated Rule 5 of the Recruitment Rules. The writ -petitioner being the Secretary of the School moved this Court two -days before the proposed date of interview on 13 -08 -95
(2.)Being aggrieved by the conduct of the respondents, the petitioner has come before this Court for cancelling the appointment of the expert by the Headmaster of the School by letter dated 03 -08 -95 and for the issue of a writ in the nature of certiorari directing the respondents to -produce all the relevant papers and documents at the time of hearing, so that the conscionable Justine can be done by quashing the impugned appointment.
(3.)No one of the respondents, though served, has come to oppose the application.
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