Shivakant Prasad, J. - (1.) The instant appeal is directed against the judgment and order dated 18th November, 2016, passed in W.P. no. 22560(W) of 2015, inter alia, on the ground that the learned Judge failed to appreciate that the order of the Hon'ble Court passed in W.P. no. 3464(W) of 2010 (Bidhan Chandra Mandal vs- State of West Bengal and Ors.), having directed the District Nodal Officer, SSK and MSK Cell, District Bankura to consider the representation of the appellant dated 4th August, 2009 by granting opportunity of hearing to the appellant, the authorities of the MSK and other interested parties and to pass a reasoned order and to communicate the decision to the appellant herein, the respondent no. 1/ writ petitioner being not an eligible candidate for the post of Siksha Samprasarak in Life Science at K.R. Kisku Smrity Madhyamik Siksha Kendra for making application for the said post in the context of the bar/embargo stipulated in Clause 21(ii) of the guideline issued by the respondent no. 2 herein as contained in Memo. No. 2417-PN/O/1/4P-2/2001 dated 10th July, 2003 stating, inter alia, that the Managing Committee shall engage a person as Siksha Samprasarak who would be resident of the same Gram Panchayat where the Madhyamik Siksha Kendra is located and if qualified persons are not available in the same Gram Panchayat for engagement as Siksha Samprasarak, then any person residing in the adjoining Gram Panchayats/Municipalities having required qualification may also be engaged and in the context of such specific stipulation, the appellant being a resident of Sonagara Gram Panchayat where the Madhyamik Siksha Kendra is located and in view of availability of the appellant for the post of Siksha Samprasarak in Life Science for K.R. Kisku Smrity Madhyamik Simsha Kendra, the respondent no. 1/ writ petitioner, being a resident of the adjoining Gram Panchayat namely Matgoda Gram Panchayat, cannot be an eligible candidate for such post of Siksha Samprasarak under Sonagara Madhyamik Siksha Kendra, in view of availability of the appellant being resident of Sonagara Gram Panchayat for such post of Siksha Samprasarak in Sonagara Madhyamik Siksha Kendra.
(2.) It is submitted on behalf of the appellant that in view of interpretation of the words "interested parties", as contained in the penultimate paragraph of the order of the Hon'ble Court dated 10th February, 2014, the same cannot be stretched to a candidate like the respondent no. 1/writ petitioner as an interested person who is not even eligible for making application for the post of Siksha Samprasarak in Sonagara Madhyamik Siksha Kendra in view of the bar/embargo stipulated regarding the eligibility criteria of the candidate as embodied in the Government guidelines and accordingly, it is submitted that the impugned order is wholly illegal and is liable to be set aside.
(3.) It is submitted that in response to an advertisement dated 2nd February, 2009, issued by the respondent no. 3, for filling up the post of Samprasarak/Samrasarikas in K.R. Kisku Smriti Madhyamik Shiksha Kendra for the subjects History and Life Science, the petitioner submitted application on 15th February, 2009 for the post of Shiksha Samprasarak in Life Science having requisite qualifications. On 30th July, 2009, the petitioner submitted representation before the Block Development Officer, Raipur, praying for appointment in the post of Siksha Samprasarak in Life Science in KR. Kisku Smrity Madhyamik Shiksha Kendra, contending that according to the Government circular, the person concerned would not be beyond 40 years and should be resident within Sonagara Gram Panchayat and the petitioner being the only eligible candidate from the village where the Madhyamik Siksha Kendis situates, was entitled to be given appointment.;