Calcutta High Court (Appellete Side)
Ct. 8 vs State Of West Bengal & Ors on 4 July, 2023
FMA 4070 of 2014
Item-8. CAN 3 of 2022
04-07-2023
sg
Pranab Kumar Mondal
Ct. 8 Versus
State of West Bengal & Ors.
Mr. Lal Ratan Mondal, Adv.
...for the appellant
This appeal is arising out of a judgement and order dated
27th February, 2009. The appellant was sponsored by the
Employment Exchange. He had a better claim than Dhruba who
was recruited by the School without having the requisite
qualification. However, in view of the fact that the recruitment
process was initiated solely on the basis of the names sponsored
by the Employment Exchange and not being followed by a
public notice inviting candidature for the said post, the learned
Single Judge, inter alia, has passed the following order:
"For these reasons, I make the following order.
Dhruba's writ petition is hereby dismissed. Pranab's writ
petition is disposed of ordering as follows. The school
authority shall publish the employment notice inviting
applications from all eligible candidates. The notice shall
be published once in any vernacular daily widely
circulated in the district. All terms and conditions
regarding eligibility shall be clearly mentioned in the
employment notice. Eligibility of candidates responding to
the employment notice shall be examined and thereafter
the selection committee shall be duly constituted. The
selection committee shall consider all the eligible
candidates including the candidates sponsored by the
employment exchange. CAN No. 62 78 of 2007, not
appearing, is treated as on the day's list by consent of
counsel for the parties and it is hereby dismissed. There
shall be no order for costs."
The writ petitions filed by the Dhruba and the Pranab were
heard together and disposed of by the order dated 27th February,
2009. The writ petition filed by Dhruba was dismissed. Dhruba
preferred an appeal before the Hon'ble Division Bench. The
Hon'ble Division Bench, by an order dated 2nd July, 2018,
dismissed the appeal with the following observations:
"Mr. Biswas has placed before us the decision of a
Full Bench reported in 2005(3) CHN 337 (Rabindra Nath
Mahata -vs- State of West Bengal and Ors.). While
answering the question referred to the Full Bench, it was
observed at paragraph 26 that a person whose name is not
sponsored by the employment exchange has a right to
participate in a selection process. There can be no dispute
with regard to the proposition of law laid down in the said
decision, but we find that as a necessary corollary, law has
been subsequently laid down by the co-ordinate Bench in
its decision in Gayanath Rajbanshi (supra) that not a
single candidate but all candidates who are eligible should
be given opportunity to participate in the selection process
notwithstanding that their names have not been sponsored
by the employment exchange. It is true that the decision in
Rabindra Nath Mahata (supra) was not noticed in
Gayanath Rajbanshi (supra), but nothing turns on it. The
judgment and order dated 15th October, 2007 is binding
inter partes and such of the points decided by that decision
would operate as res judicata in subsequent stages of W.P.
983(W) of 2007. The decision in Rabindra Nath Mahata
(supra) does not, therefore, aid Dhruba.
We are, thus, of the considered opinion that the
learned Judge by making a direction on the school
authority to proceed with the recruitment process afresh,
did not commit any error warranting interference. The
appeals are devoid of merit and the same stand
dismissed."
It appears that Mr. Lal Mohan Mondal, learned Counsel
represented Pranab before the Hon'ble Division Bench but he
was not called upon to answer the issue as to whether Dhruba
was eligible to participate.
Mr. Mondal has submitted that in spite of the order passed
by the coordinate Bench, the School Authorities have not
initiated the recruitment process.
The School Authorities are not represented. In the event
the process is not initiated and it is a sanctioned post and the
school is in requirement of the said post, it is needless to
mention that the School Authorities shall comply with the order
dated 27th February, 2009 read with the order dated 2 nd July,
2018.
Mr. Mondal shall communicate this order to the Secretary,
Education Department and the Director of School Education
(S.F.), West Bengal for information and doing the needful.
With the above directions, the appeal and the connected
application stand disposed of.
Urgent photostat certified copy of this order, if applied for,
be supplied to the parties upon compliance of all requisite
formalities.
(Uday Kumar, J.) (Soumen Sen, J.)
