- (1.) HEARD the learned Advocate appearing for the appellant. None appears on behalf of the State respondents to oppose this appeal.
(2.) CHALLENGING the judgment and order dated 20th December, 2005 passed by the learned trial Judge in W. P. No. 17711 (W) of 2005, this appeal has been preferred by the writ petitioner. The impugned judgment under appeal reads such:- "20. 12. 05 W. P. No. 17711 (W) of 2005 the petitioner herein has prayed for a direction upon the respondent authorities for issuing appointment to the said petitioner as Assistant Teacher in a School considering the post graduate qualification of the said petitioner. Undisputedly, the post of Assistant Teacher can be filled up in a school only on the basis of the recommendation of the School service Commission. The name of the petitioner has not been recommended by the School Service Commission as the petitioner never appeared at the Selection Test conducted by the School Service Commission. Until and unless the name of the petitioner is recommended by the School Service Commission for appointment as Assistant teacher in a School, the District Inspector of Schools (S. E.), murshidabad has no authority to issue any letter of appointment in favour of the petitioner. For the aforementioned reasons, I do not find any merit in this writ petition and the same is accordingly dismissed with no order as to costs. "
(3.) IN the writ application, the writ petitioner/appellant prayed for absorption to the post of Assistant Teacher in Bengali or in Social Science group in the concerned School where he is working as non-teaching staff. Prayers read such:- " (a) Writ in the nature of Mandamus commanding the respondents to set aside and/or quash the Memo being no. 576/cc dated 31. 10. 2002 issued by the District Inspector of schools (S. E.), Murshidabad whereby referred the Memo No. 533/ wbrssc/nr/2001/cc-NT-138 dated 30. 9. 2002 of the Regional school Service Commission, Northern Region and after set aside, and/or quashing the same direct the respondents to consider the case of the petitioner for his absorption to the post of Assistant teacher in Bengali or in Social Science Group or in any other subject providing additional post, if required in Shekhalipore High School, p. S.- Lalgola, District : Murshidabad forthwith; (b) Writ in the nature of Certiorari commanding the respondents to produce all the relevant records relating to this case before the Hon'ble Court so that conscionable justice may render to the petitioner; (c) Writ in the nature of Prohibition prohibiting the respondents from giving any appointment to any one in the post of Assistant teacher in Shekhalipore High School, Lalgola, Murshidabad as well as in any other School in the District of Murshidabad without considering the case of the petitioner; (d) Rule NISI in terms of Prayer (a), (b) and (c) above; (e) An interim order of injunction restraining the respondents from giving appointment to any one in the post of Assistant Teacher in the District of Murshidabad till the disposal of this application; (f) Ad-interim order of injunction in terms of Prayer (e) above; (g) To pass such other or further order or orders as to Your lordship may deem fit and proper. ";