Protik Prakash Banerjee, J. - (1.) In these two writ applications filed before this Court in its jurisdiction bestowed under Article 226 of the Constitution of India, the writ petitioners have challenged two several orders dated July 12, 2010 passed by the Chairman, West Bengal Madrasah Service Commission (the respondent no. 5 in this writ petition) wherein and whereby the respondent no. 5 rejected the representations made by the writ petitioners that their candidature as Assistant Teachers in the aided Madrasahs in West Bengal be recommended. The contents of the said two orders are almost identical except for the particulars of the petitioners, their roll number and rank in the list published on August 8, 2009 and May 20, 2009. The writ petitioners pray before this court to direct that the writ petitioners be treated as empaneled candidates for selection to the post of Assistant Teachers and to pass an order recommending the name of the writ petitioners for appointment to the post of Assistant Teachers in History (Hons./P.G.) in Madrasahs having the necessary vacancy. Since both these writ petitions being W.P. No. 19070 (W) of 2010 and W.P. No. 19123 (W) of 2010 raise common questions of law and fact, with the consent of the parties, I have consolidated them and heard them analogously.
(2.) It is the case of the writ petitioners in paragraph 13 read with paragraphs 10 and 11 of their respective writ petitions, that they participated in the State Level Selection Test, 2008 conducted by the West Bengal Madrasah Service Commission for recruitment to the post of Assistant Teachers in Bengali Medium Madrasahs in West Bengal. As part of the selection process, the result of the written examination and the personality test was declared on July 20, 2009 and a panel for the post of Assistant Teacher of History (Hons./P.G.) was published in which the writ petitioner in W.P. No. 19070 (W) of 2010 (Md. Abdus Sukur- v-State and Others.) was ranked 61st while the writ petitioner in W.P. No. 19123 (W) of 2010 (Amirul Islam-v-State and Others.) was ranked 63rd and were placed in the wait listed category of candidates on the 4th and the 6th place respectively. However, on August 08, 2009 the writ petitioners came across a list of vacancies titled "Vacancy List of 2nd SLST 2008" from the website of the West Bengal Madrasah Service Commission, the respondent no. 3 showing that as many as 70 vacancies existed in Madrasahs all over the state for the post of Assistant Teacher in History (Hons./P.G.) category. The writ petitioners claim that the counselling for selected candidates for recommendation of names towards appointment to the post of Assistant Teacher in History (Hons/P.G.) category was to be held soon thereafter i.e. on August 17, 2009 from the list of August 8, 2009 that is to say Annexure "P7" to the writ petitions, which they came to know on August 8, 2009 itself.
(3.) As a result, the writ petitioners approached the Secretary, West Bengal Madrasah Service Commission, the respondent no. 4 herein with a request to empanel the name of the writ petitioners in the list of candidates short-listed for counselling. Finally, the writ petitioners approached the Chairman, West Bengal Madrasah Service Commission, respondent no. 5 herein reiterating his request to be empaneled in the list of short listed candidates. When no relief came their way, the writ petitioners in W.P. No. 19070 (W) of 2010 and W.P. No. 19123 (W) of 2010 filed writ applications being W.P. No. 5097(W) of 2010 and W.P. No. 5095(W) of 2010 respectively, before this Court both of which were disposed of by separate orders both dated April 30, 2010 passed by His Lordship the Hon'ble Justice Aniruddha Bose (as His Lordship then was) directing the respondent authorities in both the matters matter to consider the case of the writ petitioners and pass a reasoned order, in each matter, after the giving the writ petitioners an opportunity of being heard.;