Sathi Bar Mridha vs State of West Bengal and Ors

Saugata Bhattacharyya, J

Affidavit of service filed on behalf of the petitioner is taken on record.

Petitioner being one of the Assistant Teachers in Harinavi Subhasini Balika Sikshalaya (HS), South 24 Parganas (hereinafter referred to as “said school”) has questioned the selection process for filling up the post of Assistant Headmistress. Petitioner participated in the selection process and stood second in the panel. It is contended that one Assistant Teacher namely Bipasha Raut who stood third in the panel participated in the Managing Committee meeting of said school wherein selection of expert was made who would be part of the selection committee which would conduct interview. According to the petitioner, participation of said Bipasha Raut in the Managing Committee meeting vitiates the selection process.

However, on perusal of the panel it appears that Bipasha Raut is not selected candidate but she stood third in the panel. Had said Bipasha Raut been selected as first empanelled candidate for being appointed as Assistant Headmistress in that event contention of the petitioner could have been acceded to. Placing said Bipasha Raut at third position in the panel goes to show that participation of said Bipasha Raut in the Managing Committee meeting wherein expert was selected who would be part of selection committee, does not vitiate the selection process.

Another point which is urged on behalf of the petitioner is resignation tendered by the President of the Managing Committee thereby refusing to be part of the selection committee which would conduct the interview. But it is not demonstrated that the President of the Managing Committee was not granted opportunity to remain in the selection committee. If president in his own volition decided not to function as one of the members of the selection committee that ought not negate the selection process which was conducted by the said school authority for filling up the post of Assistant Headmistress.

Moreover writ petition was filed by the petitioner after participating in the selection process when she found that she was not selected for the post of Headmistress, which is impermissible considering the facts of the present case.

Copy of the panel prepared for filling up the post of Assistant Headmistress is placed before this Court on behalf of the Headmistress and same is taken on record. Copies of documents relating to selection process are also filed on behalf of the Headmistress of said school being respondent no. 5 and same are also taken on record.

In view of aforesaid discussion, no relief can be granted to the petitioner.

Writ petition stands dismissed.

There shall be, however, no order as to costs.

Urgent  photostat  certified  copy  of  this order, if applied for, be given to the parties on usual undertaking.