Jayanta Kumar Biswas, J. - (1.) The authority of Baram Junior High School, Dakshin Dinajpur (it is submitted that at present it is a high school) has taken out the application (CAN 6120 of 2006) for vacation of interim order dated July 6th, 2006 made in the writ petition. It is submitted that notice of the application was given. However, none appears for the writ petitioner.
(2.) Counsel for the school authority submits that before moving this writ petition the petitioner had moved an identical writ petition that was dismissed by me by an order dated July 5th, 2006. He submits that if it is directed, the school authority shall publish the employment notice inviting applications for the post in question. He agrees that since prior permission for filling the Group D vacancy had been granted before the statutory rules came into force the matter will be governed by the five judge bench decision of this Court given in the case of Rabindranath Mahato.
(3.) I find that prior permission for making appointment to the post was given by the district inspector of schools concerned on May 20th, 2005. The statutory recruitment rules came into force only in December, 2005. In the five judge bench decision of this Court it was held that in a case such as this person not sponsored by employment exchanges would also be entitled to participate as candidates. Here the petitioner alleged that since the employment notice was not published by the school authority, and since his name had not been sponsored by the employment exchange, he was not in a position to participate in the selection process, through according to the five judge bench decision of this Court he had a right to participate in the process.;