SHEKHAR B.SARAF,J. - (1.) This is an application under Article 226 of the Constitution of India wherein the writ petitioner is seeking a prayer for reinstatement as an assistant teacher in Physical Education with full service benefits payable to him. The facts leading to this case are as follows: (a) The petitioner was appointed as an assistant teacher in Physical Education in Rambhadrapur High School in the year 1993. The appointment was approved by the District Inspector of Schools (S. E.), Paschim Medinipur. Subsequently, in 1994 one Sri Badal Chand Jana filed a writ petition being C. O. 4267 (W) of 1994 before this court challenging the prayer of the petitioner. Subsequently, in the year 2001 the writ petition was disposed of by an order dated April 12, 2001 wherein the school authority was directed to issue appointment letter in favour of the petitioner. (b) Subsequently the writ petitioner herein filed an appeal against the order passed by the learned Single Judge and the same was disposed of by the Division Bench by an order dated July 5, 2001. In the said order the entire selection process was cancelled and the Division Bench directed the West Bengal School Service Commission to advertise for the said post and make further appointment accordingly. On the basis of the said order, the West Bengal School Service Commission following the direction of the High Court appointed the private respondent no.14 as a Physical Education teacher in the said school in the year 2006. (c) After eight years of the Division Bench order, the writ petitioner filed a writ petition challenging the action of the respondent authorities and seeking reinstatement and incidental benefits. This writ petition is before me.
(2.) I have heard learned counsel appearing for the petitioner and learned counsel for the State authorities and perused the materials on record.
(3.) The case of the writ petitioner is that fraud had been practised upon by Balai Chand Jana and the other authorities resulting in his losing his job. The arguments placed before this court with regard to the issue of fraud do cull out any substantive case of fraud. It is clear that following the Division Bench order, the West Bengal School Service Commission made a further appointment in accordance with law. It is to be noted that the Division Bench order was challenged by the writ petitioner herein and having accepted the said order, he is now estopped to re-agitate the same issue before this court as his actions are hit by the Doctrine of Finality. It is to be noted that once a matter is decided and the parties therein do appeal against the same, the issues decided therein become final. The same cannot be challenged in a collateral proceedings subsequently.;