- (1.) The Court: - The petitioner in this art.226 petition dated October 23, 2007 is questioning the selection of the eleventh respondent (Ajoy Das) for appointment to the post of clerk in Kulbari Joychandi Balika Vidyalaya in Barsimulbari of the district Purba Medinipur.
(2.) Ajoy and the petitioner were two of the candidate who participated in the selection process. The eligible candidates were interviewed by the selection committee on September 30, 2007. The selection committee prepared the select candidate list reportedly placing Ajoy in the first position. The petitioner made a complaint dated October 16, 2007 that though he was a better candidate, the selection committee selected Ajoy, a brother of the secretary of the institute. Then he filed this petition alleging that the selection committee constituted by the managing committee by adopting a resolution to which the secretary of the institute was a party, gave Ajoy "undue preference", though he was a better candidate in every respect, and was biased in Ajoy "â„¢s favour.
(3.) Relying on the division bench decision of this court in Saiyed Julfikar v. Raghav Chandra Deshmukh & Ors, 2009 3 CalHN 47 and the provisions of the West Bengal Schools (Recruitment of Non-teaching Staff) Rules, 2005, Mr Bhattacharya, advocate for the petitioner, has argued that the members of the selection committee were biased in favour of Ajoy whose brother, the secretary of the institute, participated in the meeting of the managing committee in which the managing committee selected the members of the selection committee. His submission is that when the secretary "â„¢s brother was a candidate for the post, the secretary, who admittedly issued interview letters to all the candidates, should have totally dissociated himself from the selection process.;