ASHA ARORA,J. - (1.) M.A.T. 874 of 2016 is an intra-court writ appeal directed against the order dated 22nd February, 2016 passed by a learned Judge of this Court while disposing of W.P. 15204(W) of 2009 (Md. Moynul Hoque v. State of West Bengal and Ors.).
(2.) The appellant was not a party to the proceedings before the learned Judge; hence he has applied for leave to appeal (CAN 5231 of 2016). Since the appeal is barred by 56 days' delay, the appellant has further applied for condonation of delay in presentation of the appeal (CAN 494 of 2018). An application for stay (CAN 5289 of 2016) has also been filed by the appellant. All the three applications are taken up for consideration together and the same shall stand disposed of, alongwith the appeal, by this common judgment and order.
(3.) An advertisement had been issued on 23rd July, 2007 inviting applications for appointment on the post of Samprasarak (in Life Science) in Chandan Kantha Madhyamik Siksha Kendra (hereafter the institution). Along with others, the appellant (hereafter Chandrasekhar) and the writ petitioner (hereafter Moynul) had participated in the selection process. Although the extant guidelines regulating the process of selection and consequent appointment on the post of Samprasarak required consideration of marks obtained by the candidates in the various examinations for empanelment, the authority of the institution subjected the aspiring candidates to an interview as well as a written test. On the basis of consolidation of the marks awarded for academic qualifications, interview and written test, a panel was prepared wherein Chandrasekhar figured at the first position and Moynul was placed at the second position. Chandrasekhar was engaged by the institution and he started discharging the duties of Samprasarak (in Life Science).;