Pratap Kumar Ray, J. - (1.) LET affidavit of service filed in Court today be kept with the record.
(2.) HEARD learned advocates for the parties. By order dated 17th October, 2008 in W.P. 26682 (W) of 2008, the District Inspector of Schools (SE) concerned was directed to consider the representation dated 1st October, 2008. The said representation is as follows: To 1) The District Inspector Inspector of Schools (SE), Burdwan, P.O. + P.S. Burdwan, Court Compound, District - Burdwan. 2) The Secretary, Managing Committee Shibloon ACM High School P.O. Shibloon, P.S. Ketugram, District - Burdwan. Sir, Sub: Non granting of appointment in my favour in spite of being topped the list of candidates. I Goutam Ch Ghosh S/O. Late Ananda Gopal Ghosh of village & (sic) Shibloon, P.S. Ketugram, District - Burdwan like to state that I participle in the interview for the post of grade - 'D' (General) on 17.08.2008 after obtained an order from the Hon'ble High Court. I moved a writ application being W.P. 12785 (W) of 2008 before the Hon'ble High Court and on 10/07/2008 the Hon'ble Justice S.K. Gupta directed the School authority not to hold interview until it is advertised. (Copy annexed) After the said order when I approached the School I was allowed to participate in the selection process. It is pertinent to mention herein that inspite of obtaining higher marks in all the examinations and having good academic result, I was not considered! for the said post, one Mr. Brindabon Das S/O Satya Narayan Das Vill -Begunkhola, P.O. Katwa, P.S. Ketugram, District - Burdwan was - It is my grievance that the school authority inspite of examining the testimonials of both me and Brindabon and after coming the conclusion regarding the misdeed committed by them favoured Brindabon because of the reason best known to them. (My testimonials enclosed). It is my grievance that there has been a foul play in preparing the said panel for Group -D for which an enquiry is required. Hence I pray before you to conduct an enquiry and also verity the testimonials of both me and Brindabon and after the same is over take appropriate decision in that regard. It is humbly requested to you not to approve the panel so placed by the school authority before verifying the issue raised by me in this letter. Thanking you, Yours faithfully, (Goutam Ch. Ghosh)
(3.) ON the basis of that representation the matter was heard and the same was disposed of by the District Inspector of Schools (SE) concerned which reads as follows: A.S.T. 2052/2008 W.P. 26682 (W) of 2008 Pursuant to the order of the Hon'ble High Court, Calcutta passed on 17.10.2008 by the Hon'ble Justice S.P. Talukdar in the mater stated above, a hearing was taken on 12.01.2009 at the Chamber of the District Inspector of Schools (SE), Burdwan. The petitioner Gautam Chandra Ghosh, the Headmaster and Secretary of Shibloon A.C.M. High School, P.O. Shibloon, District. Burdwan were present at the time of hearing. The representation dated 1.10.2008 the petitioner was read out thoroughly. The petitioner stated that he appeared at the interview for the post of Group 'D' Staff on 17.8.2008 (General Category) at Shibloon A.C.M. High School. He did well in the interview. He stated that inspite of higher marks in all examinations and having good result he was not considered for the said post one Brindabon Das of Vill. Begunkhola, P.O. Katwa, Dist. Burdwan was favoured with. It was his grievance that the school authority inspite of examining the testimonials of him and Brindabon Das and after coming the conclusion regarding the misdeed Committee by them favoured Brindaban Das because of the reason best known to them. He also stated that it was his grievance that there had been a foul play in preparing the said panel for Group 'D' (General Category). The Secretary of Shibloon A.C.M. High School states that the panel for the post of Group 'D' (General Category) was prepared as per recruitment rules framed by the Government. Thirty five candidates sponsored by the concerned Employment Exchange and sixty one candidates by the advertisement in the Gana Shakti Patrika dated 3.8.2008 were called for interview on 17.8.2008 for the post of Group 'D' (General Category) of the school. The interview was taken as per rules. There is no any foul play in preparing the said panel. The Headmaster of Shibloon A.C.M. High School states that the advertisement for the post of Group 'D' Staff (General Category) was published on 3.8.2008. Ninety six candidates (Exchange sponsored plus paper advertisement) were called for interview. As the post was meant for Group 'D' post there is no provision for counting any score beyond Class VIII pass from any recognised Secondary Schools. Interview has been maintained as per norms and rules. The parties are heard on verification of records and submissions it appears that the school authority called for interview for the post of Group 'D' (General Category) within thirty five Exchange Sponsored candidates and sixty one candidates from advertisement in the Ganashakti Patrika dated 3.8.2008. As per G.O. No. 904 -SE (S), dated 15.7.2007 total 9 marks are allotted in the selection process for interview for the post of Group 'D' in the following manner: i) Full marks for hand writing in both English and Bengali - 3 marks. ii) Full marks for spelling both in Bengali and English - 3 marks. iii) Full marks for interview - 3 marks. There is no marks for academic qualification. The qualification for Group '\d' post is Class VIII pass from any recognized Secondary School. The petitioner does not show any paper in support of foul play. Under the circumstances, the complains of the petitioner is not justified. The decision is being informed to all concerned accordingly. District Inspector of Schools Sec. Edn., Burdwan.;