Debasish Kar Gupta, J. - (1.) THIS writ application is filed for a direction upon the Respondent authority to approve the appointment of the Petitioner to the post of Headmistress, Jiaganj Surendara Narayan Girls' High School, P.O. Jiaganj, Dist. Murshidabad (hereinafter referred to as the said school) as also for setting aside the Order dated June 19, 1997 passed by the Respondent No. 3 under his memo No. 132(3) CC dated June 30, 1997.
(2.) THE Petitioner was appointed as an approved Assistant Teacher in the said school on or about March 7, 1973. In the year 1994 post of Headmistress of the said school had fallen vacant and the authority of the said school took steps to fill up the aforesaid vacancy. An advertisement was published in the "Ananda Bazar Patrika" (a daily vernacular) on November 30, 1995 inviting applications from the eligible candidates to fill up the post of Headmistress in the said school. The Petitioner submitted her application as an eligible candidate for the aforesaid post. Other applicants including the Respondent Nos. 6 and 7 also submitted their applications pursuant to the aforesaid advertisement. The Petitioner received a letter of interview dated March 18/20, 1996 to appear before the selection committee on April 11, 1996. The Petitioner along with other eligible candidates participated in the interview held on April 11, 1996. The selection committee prepared a panel for appointment of Headmistress in the said school. According to the Petitioner, her name appeared on top of the panel. The Managing Committee of the said school approved the aforesaid panel and forwarded the same with all relevant papers to the Respondent No. 3 for his approval.
(3.) THE Respondent No. 1 Smt. Swaswati Mukherjee (Roychoudhury) was one of the candidates and her name did not appear in the panel. As a result the aforesaid Swaswati Mukherjee (Roychoudhury) filed an application under Article 226 of the Constitution of India being C.O.6002(W) of 1996 challenging legality of the action of the Respondent authority. The Petitioner also filed an application under Article 226 of the Constitution of India being CO. No. 8146(W) of 1996 for a direction upon the Respondent No. 3 to approve the panel in question. Both the writ applications were taken up for disposal on June 19, 1996. The writ application being CO. No. 8146(W) of 1996 was disposed of with a direction upon the Respondent No. 3 to treat the above writ application as the representation of the Petitioner and to dispose of the same in accordance with law by passing a reasoned order within a period of four weeks. Liberty was given to the Respondent No. 3 to consider the case of Smt. Swaswati Mukherjee, the writ Petitioner in CO. No. 6002(W) of 1996.;