- (1.) The respondent No. 1 (hereafter the writ petitioner) offered her candidature for appointment as a para-teacher in Shyamchak Primary School. A panel was published on 30th August, 2004 in which she figured at the first position. An unsuccessful candidate lodged an objection with regard to the writ petitioner's empanelment. Since such objection remained pending, the writ petitioner was not offered appointment. The District Project Officer, Purba Medinipur (hereafter the 'DPO') on 7th August, 2007 enquired as to validity of the panel from the Sabhapati, Bhagwanpur Panchayat Samity. On 24th September, 2007 the President of the concerned village education committee informed the DPO that the objection of the unsuccessful candidate was not valid. It was at that stage that the writ petitioner invoked the writ jurisdiction of this Court for the first time.
(2.) A learned Judge of this Court by order dated 5th July, 2010 dismissed the writ petition on the ground that the life of the panel having expired, the writ petition was belated. An appeal was carried before the Division Bench against such order by the writ petitioner. Before the Division Bench, which had the occasion to consider the appeal, the objection that the panel had lapsed was reiterated. On behalf of the writ petitioner it was contended that only on approval of the panel by the DPO the question of the panel becoming operative would come into question, and since the DPO had not approved the panel, question of the panel losing its life did not arise. Having heard learned advocates for the parties, the appeal was disposed of by the Division Bench on 20th January, 2011 by passing, inter alia, the following order:- "....As such we dispose of this appeal along with the application being CAN 7855 of 2010 by directing the respondent No. 3 to consider the various correspondences which we have referred hereinabove and in the event it is found that the respondent No. 10's objection has not been sustained (see the letter dated 24th September, 2007 written by the respondent No. 5 to respondent No. 3 which is at page '40' of the application) and the panel has not been made alive as submitted by the learned counsel for the appellant, necessary steps as known to law would be taken from the position which was very much there on 30th August, 2004. Since this matter has been kept pending for so many years, it is expected that the decision in this regard would be taken by four weeks. With this direction the appeal stands allowed."
(3.) The aforesaid order of the Division Bench upon being served on the respondents in the appeal, the DPO addressed a letter dated 30th March, 2011 to the concerned Secretary and President of Srikantapur Primary School that a decision had been taken on 24th February, 2011 to engage the writ petitioner as para-teacher in Shyamchak Primary School. In pursuance of such decision, the writ petitioner duly joined as para-teacher on 5th April, 2011.;