- (1.) WRIT application being W. P. 409 (W) of 2003 filed by Sri Purnendu biswas seeking a writ of mandamus commanding the respondents to delete the name of respondent no. 6, Sri Sukhen Sarkar and respondent no. 7, Sri Asim chakraborty, from the panel of selected candidates for the post of Clerk of the majdia Rail Bazar High School within the district Nadia, hereinafter referred to as "concerned school" for brevity, who stood first and second in the panel respectively and thereby recasting the panel to accord approval showing the writ petitioner as a first candidate for appointment, the writ application being W. P. No. 12409 (W) of 2001 filed by said Sri Purnendu Biswas as writ petitioner seeking writ of mandamus commanding the respondents to allow the appearance of the writ petitioner in the interview for the post of Clerk in the concerned school, wherein an interim order was passed on 24th August, 2001 directing the respondent to allow appearance of the writ petitioner in the interview subject to conditions stipulated thereto, the writ application filed by Sri Sukhen Sarkar as writ petitioner being W. P. No. 12311 (W) of 2001 praying for writ of mandamus commanding the respondents to allow appearance of the writ petitioner in the interview in the said school, wherein an interim order was passed on 22nd august, 2001 directing his appearance in the interview subject to conditions stipulated thereto, writ application of the said writ petitioner, Sri Sukhen Sarkar, being W. P. No. 3760 (W) of 2003 seeking a writ of mandamus commanding the respondents to approve the panel for the post of Clerk for the concerned school where he stood first, all are taken up for final hearing analogously.
(2.) EARLIER, all the aforesaid writ applications along with another writ application being W. P. No. 10366 (W) of 2001 filed by writ petitioner, Sri Asim chakraborty, were heard analogously and a judgment was delivered on 1st february, 2006. Subsequently, on perusal of the records it was revealed that w. P. No. 10366 (W) of 2001 earlier was disposed of and as such, the said judgment as delivered was recalled suo motu by the Court by the order dated 17th February, 2006 to cure the mistake of the records by exercising the inherent power.
(3.) THE writ petitioner, Sri Asim Chakraborty, of W. P. No. 10366 (W) of 2001 appeared in the said interview for the said post by the order of the Court dated 23rd July, 2001, which was allowed on the basis of pleading that he was working in the casual vacancy of the school. This order was confirmed while disposing of the said writ application on 25th February, 2002 by K. J. Sengupta,j. The said writ petitioner stood second in the panel and he is respondent no. 7 of the writ application W. P. No. 409 (W) of 2003 filed by the petitioner, Purnendu biswas, seeking the relief for deletion of name of respondent no. 6 and 7 from the panel prepared by the Selection Committee. Sri Asim Chakraborty, respondent no. 7, of writ application W. P. No. 409 (W) of 2003 has filed an affidavit affirmed on 28th March, 2005 contending, inter alia, that he is not interested to be appointed in the said post of Clerk due to his joining in other school, wherein he is working. The relevant paragraph of the said opposition being paragraphs 3, 4, 5 and 6 reads such: "3. At the outset I say that the allegations made in the writ petition are all correct but since I am not interested to contest the said writ petition I make no further comments thereof. 4. I say that although I was placed in serial no. 2 of the recasted panel, prepared by the Selection Committee of Majdia Rail bazar High School, P. O. Majdia, District. Nadia for appointment to the post of Clerk and in the event of deleting the name of Sri Sukhen sarkar, the first empanelled candidate of the said panel, I am not at all interested to join in the said school in the said post of Clerk for personal reason. 5. I submit that this Hon'ble Court be pleased to direct the school authorities and the District Inspector of Schools (SE), Nadia to delete my name from second position of the concerned panel and to recaste the same accordingly. 6. I say that since I was not at all interested to join in the said school, I did not come up before this Hon'ble Court earlier, but on receipt of the letter dated 18. 2. 06 written by the Ld. Advocate for the writ petitioner I have been advised to file this affidavit for expeditious disposal of the pending writ petition. ";