Dipankar Datta, J. - (1.) This application for stay has been filed in a stranger's appeal, for which leave has been granted to him to appeal by an order of the coordinate Bench dated June 18, 2018. Simultaneous with grant of leave to appeal to the appellant (hereafter Monsur for short) and condonation of delay in its presentation, the coordinate Bench by the said order had passed an interim order directing status quo as on that date to be maintained in respect of appointment on two additional posts of para-teacher in History in Balijole High School (hereafter the school for short) and service of notice on the respondent no.8 (hereafter Asgar for short), who was not represented on that date. The effect of such interim order was that the respondent no.1 (hereafter Rahimul for short) and Asgar were deprived of the benefit of the judgment and order under challenge in this appeal dated September 9, 2016 passed by a learned Judge of this Court while disposing of a writ petition of Rahimul. Such order directed the official respondents in the writ petition to engage Rahimul and Asgar as additional para-teachers within six weeks of service of a certified copy thereof.
(2.) The thrust of Monsur's contention is that although he had a right to be considered for engagement on the second post of para-teacher in History in the school, being the second empanelled candidate, he was deliberately not impleaded as a party to the writ petition, out of which this appeal has arisen, and the learned Judge was persuaded to pass an order whereby the panel position was changed to his detriment ~ Asgar was elevated to the first position from the third position and Rahimul and Monsur were relegated to the second and the third positions respectively ~ thereby paving the way for engagement of Asgar and Rahimul and consequently directions followed for their immediate engagement in the school.
(3.) The facts leading to the writ petition of Rahimul have been discussed in detail in the order of the coordinate Bench dated June 18, 2018. We need to refer to the same again for an effective decision on the appeal as well as the stay application, which has been heard in the presence of the parties.;