K.M. Yusuf, J. - (1.) This Civil Order is directed against the Memo No. 2813/G dated 4th October, 1986 and Memo No. 75/G dated 6th January, 1987 issued by the District Inspector of Schools (S.E.), Birbhum.
(2.) The case of the writ petitioner, inter alia, is that the Director of School Education by his Memo dated 30th January, 1984 sanctioned 2 posts in language group and one in science group for the Taloya High School in the district of Birbhum. The D.S. (S.E.), Birbhum, intimated the writ petitioner who is the secretary of the School by Memo dated 9th April, 1984 to appoint one teacher in language group and another in science group with qualification in Physics or Chemistry. Keeping one post reserved for the Scheduled Caste candidate. Thereafter the D.I.S. (S E.) directed the petitioner to appoint one physically handicapped person, but there was no Scheduled Caste candidate in the list of physically handicapped person and, as such, no panel could be prepared with only one candidate. The D.I.S. (S.E.) by Memo dated 16th March, 1985 asked the petitioner to re-advertise in the newspaper about the candidates having B.Sc. (Hons.)/M.Sc. in physics or Chemistry qualification and the advertisement was accordingly made in the "Ananda Bazar Patrika" of 3rd May, 1985 Pursuant to the advertisement, only 4 applications were received and only one candidate appeared before the Selection Committee on 26th May, 1985 and, as such, no panel could have been prepared. Thereafter the entire matter was referred to the D.I.S. (S.E.), Birbhum, for declaring the vacancy as unreserved and by Memo dated 12th December, 1985 the necessary permission was granted on condition that the next vacancy will be filled in by the Scheduled Caste candidate. The writ petitioner after receiving the aforesaid letter from the D.I.S. (S.E.) wrote to the Employment Officer, District Employment Exchange, Rampurhat, on 31st December, 1985 requesting him to forward a list of suitable candidates having B.Sc. (Hons.) Physics/M.Sc. qualifications preferably trained for the post of science teacher in the said School, and, thereafter, sent a reminder to this effect on 16th January, 1986. On 29th March, 1986 the Employment Officer sent a list of six candidates for the post, but only 2 candidates appeared before the Selection Committee and no panel could be made. On 9th April, 1986 the writ petitioner again approached the Employment Officer for fresh list of candidates and ultimately on 16th May, 1986 the list of 9 candidates were forwarded who appeared before the Selection Committee and at its meeting held on 18th June, 1986 a panel of 3 was made out as under:- 1. Ajit Kumar Paul. 2. Mrityunjoy Sinha. 3. Ram Prasad Mondal. Shri Ajit Kumar Paul secured 55 marks, Shri Mrityunjoy Sinha 50 marks and Shri Ram Prasad Mondal 49 marks.
(3.) While forwarding the names of 9 candidates by Memo dated 16th May, 1986, the Employment Officer mentioned the qualification of Shri Ajit Kumar Paul only as B.Sc. (Hons.) in Physics. During the interview Shri Ajit Kumar Paul produced his B.Ed. Examination, 1985 Mark Sheet (and not the B.Ed. degree as stated in the writ petition) indicating that he had passed the B.Ed. Examination for 1985 of the University of Calcutta in 2nd class obtaining 584 marks and, as such, the Selection Committee awarded him 10 marks for B.Ed. qualification. Subsequently, by an Identity Card dated 29tb August, 1986, the Employment Officer noted his qualification as B.Ed./B Sc. (Hons) II. by virtue of 10 marks given to him by the Selection Committee on B.Ed. qualification, Shri Paul secured the first position in the panel, otherwise he would have been the second. Ultimately the Managing Committee forwarded the said panel to the D.I.S. (S.E.), Birbhum, for approval on 5th July, 1986 upon which the impugned Memos were issued which are under challenge.;