JAYANTA KUMAR BISWAS, J. - (1.) THE petitioner in this writ petition dated March 6th, 2002 is seeking a mandamus directing the fourth respondent (the Secretary, West Bengal Regional School Service Commission, Western Region) to recommend him to any secondary school in the state for appointment as an assistant teacher of bio -science (zoology).
(2.) HE took the Regional Level Selection Test, 1998 conducted by the West Bengal Regional School Service Commission, Western Region for selecting candidates for appointment as assistant teachers in the secondary schools of the state. The commission conducted the test as the competent authority under the West Bengal School Service Commission Act, 1997. For bio -science a list of one hundred and forty -seven men -candidates was drawn up. The notified vacancies were seventy -eight (fifty -four for men and twenty -four for women) Fifty -six men -candidates were recommended for appointment. The list was to remain alive for one year from the date it was drawn up. However, in exercise of power conferred by the relevant regulations the competent authority extended the life of the list till September 14th, 2001. Till that date in all eighty candidates were recommended for appointment. For want of available vacancies none of the other listed candidates could be recommended. As stated by the petitioner in para. 17, on August 4th, 2001 the commission published a fresh employment notice declaring vacancies including vacancies for bio -science for the Regional Level Selection Test, 2001. In the circumstances, on August 6th, 2001 he submitted a representation to the commission asking it to recommend him for appointment against the available vacancy for bio -science. His case is that he continued to make representations, but the commission did not give any attention, and hence he was compelled to take out the writ petition. The writ petition was admitted on April 5th, 2002 when no interim order was made. The admitted position is that the life of the list having expired, at the date the writ petition was moved, the selection process was not alive. The case of the petitioner is that as will appear from the advertisement dated August 4th, '2001 vacancy for bio -science was available during currency of the list; and hence, in view the provisions in Regulation 8(2), the commission was under an obligation to consider the question of recommending him.
(3.) THE relevant regulation of the West Bengal School Service Commission (Procedure for Selection of Persons for Appointment to the Posts of Teachers including Head Masters/Head Mistresses/Superintendents of Senior Madrasah in recognized non -Government Aided Schools and Procedure for Conduct of Business of the Commission) Regulations, 1998, Regulation 8(2), provides as follows: (2) Each panel prepared shall remain valid for one year from the date of approval of the panel by the Regional Commission for the posts which have already been reported and which will within the period of validity of such panel arise and shall be reported. If the Central Commission thinks it expedient to extend the validity of the panel beyond its normal period for any reasonable cause, the validity of any such panel shall In -extended for a further period of one year for the posts which exists or will arise and shall be reported within such extended period of one year but such panel, in any: event, shall not remain valid for more than two years.;