Debangsu Basak, J. - (1.) A memo dated October 16, 2015 issued by the District Inspector of Schools (Secondary Education), Purulia approving a panel of the post of Assistant Headmaster of Gobindapur High School is under challenge at the behest of one of the panelists.
(2.) Learned Advocate appearing for the petitioner submits that, the petitioner participated in a selection process for the purpose of appointment of Assistant Headmaster of the School. The selection committee recommended a panel for the purpose of consideration of the managing committee. The petitioner was the first empanelled candidate in such selection process. The panel, with the petitioner as the first empanelled candidate, was sent by the managing committee to the District Inspector of Schools, for approval. The District Inspector of Schools while granting the approval, by the impugned memo, reorganized the panel and granted approval to the appointment of the third empanelled candidate as appearing in the panel approved by the managing committee. He submits that, the District Inspector of Schools does not have such a power. He relies upon a memo bearing No. 1628-GA dated July 10, 2002 and (Dev Prasad Sarker v. State of West Bengal & Ors., 2012 2 CalHN 644) in support of such contentions. He also relies upon an unreported decision of the Court rendered in W.P. No. 19757 (W) of 2007 dated September 12, 2007 (Kakali Bandyopadhyay v. State of West Bengal & Ors.) in support of such contentions.
(3.) Learned Advocate appearing for the State submits that, the petitioner does not have the requisite qualification to be granted approval to the post of Assistant Headmaster. The District Inspector of Schools had given approval to one of the panelist who has a better academic qualification and experience in service than that of the petitioner. The District Inspector of Schools had deducted the marks granted in favour of the participants in accordance with law.After such deduction, the private respondent whose appointment to the post of Assistant Headmaster has been approved by the District Inspector of Schools, is entitled to be granted such an approval. Reliance is placed on the memo dated July 10, 2012 particularly clause 3(C), (D) and (E) of such memo.;