- (1.) THE principal issue raised in this appeal relates to filling up the post of Headmaster in the Ghatal Vidyasagar High School.
(2.) THE facts relevant for the purpose of deciding the instant appeal are mentioned hereinafter: on 1st March, 1995 an advertisement was published in the newspaper for filling up the post of Headmaster in the aforesaid ghatal Vidyasagar High School. Pursuant to the aforesaid advertisement, interview was held on July 29, 1995. However, in view of the objection raised by the respondent No. 5, District inspector of Schools concerned cancelled the panel prepared by the school authority. Thereafter, second advertisement was published in the newspaper on January 12, 1996. The panel prepared pursuant to the said advertisement was again cancelled in view of the objection raised by the said respondent No. 5. On September 8, 1996 again another advertisement was published for filling up the said post of Headmaster in the said school but this time also the panel prepared by the school authority was cancelled pursuant to an order passed by a learned Single Judge of this court on 24th december, 1998 whereby and whereunder the said learned Single judge finally disposed of the writ petition filed at the instance of the appellant herein bearing C. O. No. 19730 (W) of 1996. The aforesaid order dated 24th December, 1998 passed by Hon'ble Justice p. K. Samanta is set out hereunder: "as agreed upon by the respondent-School authorities that it will not give effect to the selection already made for the purpose of appointment in the post ofhead Master of the Ghatal Vidyasagar Highschool, so the selection, if any, made for such appointment in the said post ishereby cancelled. This writ petition is, further, disposed of with a direction upon the school Authorities to make fresh appointment in the said post upon cancellation of all previous selections in this regard by taking into consideration the candidature of the writ petitioner on the basis of the application already made, along with allother candidates who had already appliedfor the said post as also others who maybe eligible for the same. It is made clear that the selection and/or appointment to the said post should be made as per the provisions of law.
(3.) THE prayer for stay of this order is refused. In view of the aforesaid order dated 24th December, 1998 further interview was held on 28th April, 2000 for filling up the said post of Headmaster in the concerned school. Out of total 36 eligible candidates called at the said interview, only 8 candidates appeared on 28th April, 2000 before the Selection committee including the appellant herein. The Selection Committee, however, could not select any candidate this time as according to the said Selection Committee; none of the candidates are suitable for appointment as Headmaster of the concerned school. The decision of the Selection Committee has been recorded as hereunder: " Interview for the Selection for the post of headmaster of Ghatal Vidyasagar High School. Consolidated sheet JUDGEMENT_226_TLCAL0_2008Html1.htm On the basis of the performance of the Viva-Voce test of all the eight (8) candidates appear beforeselection committee for the post of H. M. of the School, the members of the selection committee are of unanimous opinion that no candidates should be recommended for theappointment as Headmaster of the School. Hence no panelcan be prepared for the said post. Sd/-1. Brajabihari Mondal 2. Banamali Ghora 3. Ashok Dey 4. Sushil Kumar Kunda Das 28. 4. 2000";