Rina Bakshi (Smt.) vs State of West Bengal

Satyabrata Sinha, J.—The Petitioner in this writ application has, inter alia, prayed for the following relief:

a) A writ of or in the nature of Mandamus commanding the Respondent authorities to cancel the penal prepared by the school authority on the basis of interview of the candidates minus your Petitioner sponsored by Project Employment Exchange, Haldia as per Annexure ''C'' to this writ petition and further directing the Respondents to cancel the approved panel by declaring if illegal and viod ab initio and further directing the Respondents to cancel the appointment of Sri Apurba Kr. Jana the Respondent No. 9 herein in the post of Assistant Teacher (Bengali) in Kismot Naikundi Gram Panchayat Jr. High School at Village Machhlandapur, P.O. Gopalpur, Dist. Midnapore on the basis of the impugned panel submitted by the School Authority:

The Petitioner''s name was sponsored for appointment as an Assistant Teacher in Kismot Naikundi Gram Panchayat Junior High School. According to the Petitioner, despite the fact that he did not receive any interview letter, on the date when the interview was held he reached the school with her all documents. The Petitioner contends that the school authority had told her that no interview would be held on April 20, 1997, but the interview had been held on that date and a panel had been prepared and sent to the District Inspector of Schools (S.E.), Tamluk, for approval. The Petitioner filed an objection before the District Inspector of Schools (S.E.) but despite the same, the panel has been approved.

The Respondents in their affidavit-in-opposition have categorically stated that they had sent the interview letter to all the sponsored candidates under registered cover with A/D including the Petitioner and in support of the said contention, registration receipts have been annexed thereto. The Respondents have, however, contended that the Petitioner did not appear at the interview and thus he was marked ''absent''.

The disputed question of fact which arises for consideration in this writ application cannot be gone into. Furthermore if the Petitioner has not received the interview letter because of postal delay, he-cannot claim any relief as has been prayed for in this writ application.

Reference in this connection may be made to the case of R. Maheswari Vs. Secretary Selection Committee, Tamil Nadu Professional Courses, Madras and another,

In this view of the matter, the contentions raised by the Petitioner in this writ application being essentially a disputed question of fact cannot be gone into. In this writ application this Court shall have to proceed on the presumption in terms of Section 114 of the Indian Evidence Act.

The Petitioner has also raised a question of mala fide as against the school authority. In view of para meter of the court''s jurisdiction as regard power of judicial review, such question cannot be directed to be raised at the instance of the Petitioner as he, according to the Respondents, did not appear at the interview.

The Petitioner may, therefore, bring the said fact to the notice of the Director of School Education.

For the reason aforementioned, no relief can be granted to the Petitioner.

The writ application is dismissed with the aforementioned observations.

The Learned Counsel for the parties are permitted to take down the gist of this order.