Decided on July 25,1996

Arabinda Ghosh Appellant
Tapas Ghosh Respondents


S.N. Chakrabarty, J. - (1.)F.M.A.T. No. 228 of 1996 has been filed against the order dated January 9, 1996 passed by a learned Single Judge of this Court in CO, No. 13010 (W) of 1991 whereby the learned Judge disposed of the writ petition filed by Respondent No. 1 directing the D.I. of Schools, (S.E.) to issue appointment letter to the writ Petitioner in respect of the post of Assistant Teacher in Social Science group at Kinkarbati Agricultural Institution after placing him in the 1st position in the panel in place of Respondent No. 9 who shall be deemed to vacate the post.
(2.)The facts of the case may thus be stated:
Against vacancy in the post of Assistant Teacher in Social Science group in the aforesaid school interview was held on April 1, 1990 wherein the Appellant Arabinda Ghosh, Respondent No. 1, Tapas Kumar Ghosh and other candidates participated.

(3.)The Petitioner's case is that he is Honours Graduate in History and M.A., B. Ed., whereas the Appellant/Respondent No. 9 is simple B.A. and M.A., B. Ed., when the Petitioner came to know that the school authority did not send his extra -curricular certificates to the District Inspector of Schools which he submitted before the interview board along with other testimonials, he made a representation before the District Inspector of Schools and inspection was held on January 16, 1991 by the Sub -Divisional Assistant Inspector of Schools and the Petitioner gave a written statement before the Enquiry Officer. His further case is that he submitted his certificates of extra -curricular activities along with other testimonials to the interview board but no receipt was granted to him.

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