Partha Sakha Datta, J. - (1.) The appeal is directed against the judgment and order dated 9th of June, 2008 passed by the Hon'ble Single Judge in W.P. No. 23634 (W) of 2007 whereby the appellant herein, namely the West Bengal Regional School Service Commission, Western Region (for short, the Commission), represented by its Chairman was directed to recommend the writ petitioner/respondent for her appointment in Mejia Sukanta Smriti Vidyamandir or any other school in the District of Bankura in the post of Assistant Teacher. The facts are these:
(2.) The respondent/writ petitioner pursuant to an advertisement issued by the West Bengal Central School Service Commission on 12th of July, 2006 applied for the post of Assistant Teacher in a secondary school. A written test was held on 10th of December, 2006. The writ petitioner received a communication from the said Commission asking her to be present for counselling towards her appointment to the post of Assistant Teacher. On 7th of September, 2007 the writ petitioner duly appeared at the counselling and she found school wise vacancies in a computer screen and she had to select a school, namely Jote Ghanoshyam Nilmoni High School, under P.S. Daspur in the District of Paschim Medinipur. The application for appointment to the post of assistant teacher was made in the prescribed form wherein against a requisite column the petitioner had exercised her option in order of preference for appointment in any school in the District of Bankura which falls within the western region comprising the Districts of Bankura, Purulia, Paschim Medinipur and Purba Medinipur. As she is a resident in the town.of Bankura she exercised her preference for any school in that district. However, in the computer screen there was neither any mention of the district nor any particulars of the distance from the residence of the writ petitioner. Though she had to make a choice out of a few schools displayed on the computer screen it could not be really her choice of the said school because a choice had to be made at the spot. On further enquiry the writ petitioner came to know later that the journey from Bankura to the school of Paschim Medinipur is a journey of 190 km. to be covered by train, by bus, by trekker and then on foot, which was impossible for her to undertake. The Commission did not give any importance to her option, which she had exercised pursuant to the advertisement dated 12th July, 2006. However, on 21st September, 2007 the petitioner's name was recommended for appointment at Jote Ghanoshyam Nilmoni High School. The petitioner on 26th September, 2007 submitted a representation explaining her difficulties with request for her appointment in any school in the District of Bankura in order that she could look after her family. The Commission by a communication No.1598 dated 3rd October, 2007 rejected the representation on the ground that it was devoid of any merit. As a corollary thereto the petitioner received appointment letter for the school of Paschim Medinipur on 11th October, 2007. The appointment letter was issued on 5th October, 2007 following rejection of her representation on 3rd October, 2007. Due to unfortunate circumstance and conditions unfavourable to her she could not proceed to Jote Ghanoshyam Nilmoni High School to join there. Accordingly, prayer was made in the writ petition for a direction upon the Commission for recommendation of her name in any school in the District of Bankura. After recommendation of the petitioner in the High School under Daspur P.S. in the District of Paschim Medinipur the petitioner came to learn that there had been a vacancy in Mejia Sukanta Smriti Vidyamandir in Bankura District.
(3.) The writ petitioner filed a supplementary affidavit drawing the attention of the Court to the fact that the said Commission had earlier recommended the name of one Pinki Dutta as assistant teacher in Sanskrit (Pass) for Tiluri Kripamayee High School in OBC category, but the said Pinki Dutta did not join the said school and the Secretary of the Commission changed her appointment to a different school within the District of Bankura under P.S. Bankura where she had joined as assistant teacher on the strength of subsequent recommendation. Therefore, recommendation in a particular school, according to the writ petitioner, cannot be said to be final.;