Dipankar Datta, J. - (1.) The unsuccessful writ petitioner in W.P. 10623 (W) of 2003 is in appeal before us impugning the judgment and order dated 26th March 2009 passed by a learned Judge of this Court. It appears on perusal of such judgment and order that the grievance of the appellant/writ petitioner (hereafter the writ petitioner) was spurned on the ground that the panel in question wherein the writ petitioner was empanelled, ceased to exist on the date the writ petition was presented i.e. 14th July, 2003.
(2.) The writ petitioner was an aspirant for appointment on the post of assistant teacher in Philosophy in schools within the jurisdiction of the West Bengal Regional School Service Commission (Southern Region) [hereafter the regional commission]. Alleging nepotism in the matter of preparation of panel, the writ petitioner along with 12(twelve) other candidates had approached a learned single Judge of this Court with a writ petition, W.P.19441(W) of 1999, on 24th November, 1999. Such writ petition was considered by several learned Judges of this Court on merits. However, by an order dated 3rd July, 2003, the writ petition was dismissed by a learned Judge on the ground that all the petitioners could not have joined in a single writ petition having participated in the process of selection for appointment as assistant teachers in different subjects. However, liberty was reserved to each of the petitioners to file a fresh writ petition. It is pursuant to such liberty that the writ petition, out of which the appeal arises, was presented.
(3.) As has been noted above, the learned Judge by the judgement and order dated 26th March, 2009 proceeded to dismiss the writ petition only on the ground of expiry of the panel by the time the writ petition came to be presented. We are now called upon to examine whether the writ petition did in fact deserve dismissal on such ground.;