Dipankar Datta, J. - (1.) The unsuccessful petitioner in WP 639 (W) of 2011 is the appellant before us, challenging the judgment and order dated July 4, 2011 passed by a learned Judge of this Court while dismissing such writ petition. In the writ petition, the appellant had challenged an order dated September 21, 2006 passed by the Director of School Education (in-charge), West Bengal. The said order had been passed by the director while considering a representation that the appellant had filed in compliance with an order dated June 20, 2006 passed by a learned Judge of this Court while disposing of the appellant's previous writ petition being WP 24832 (W) of 2005.
(2.) The appellant was an aspirant for appointment on the post of assistant teacher in primary schools within the jurisdiction of the Paschim Medinipur District Primary School Council (hereafter the council). Upon succeeding in the school final examination, he had enrolled himself in Sabrakone Government Primary Teachers' Training Institute in the District of Bankura (hereafter the institute) and claimed to have successfully cleared the course resulting in issuance of appropriate certificate in his favour. The name of the appellant having been sponsored by the relevant employment exchange pursuant to a requisition received from the council, he had taken the written examination conducted by the council and also attended a session of interview. Having noticed that he had not been empanelled for appointment, the appellant had initiated the first round of litigation which terminated with a direction upon the director to take a decision on his representation.
(3.) In course of hearing before the director, the representative of the council claimed that the appellant had secured admission in the institute on the basis of a fake mark-sheet pertaining to school final examination. The claim of the council was upheld by the director resulting in an order dated September 21, 2006 being passed to the effect that no relief could be extended to him. The learned Judge in the impugned judgment and order assigned the following reasons for dismissing the writ petition: "A bare perusal of the impugned order dated 21st September, 2006, reveals that the same has been rendered by the Director of School Education, West Bengal, in terms of the specific direction given by this Court in the order dated 20th June, 2006. The writ court ought not to transpose itself as an appellate authority when a particular authority has performed its obligation to abide by the specific directions given by this Court and rendered a decision in a matter supported with cogent reasons. The discretionary jurisdiction of this Court under Article 226 of the Constitution of India ought not to be invoked in such cases, unless of course, the decision so rendered by the concerned authority is palpably wrong or is arbitrary or perverse or smacks of mala fide motive or has been rendered without adhering to the specific directions given by this Court. In this context, one may refer to a recent judgment rendered by this Court in the case of Amarendranath Mandal - vs State of West Bengal & ors., 2011 AIR(Cal) 56. As observed hereinbefore, the impugned order dated 21st September, 2006, has been rendered in terms of the specific direction given by this Court while disposing of the earlier writ petition and in the facts and circumstances of the case there is no cause for interference and the writ petition is liable to be dismissed and is accordingly dismissed.";