( 1 ) THIS writ petition was filed by the petitioner praying for a mandamus directing the respondents to allow him to participate in selection process initiated by the school for recruitment and selection of clerk-cum-Typist. When writ petition was considered by the learned Single judge by order dated January 31, 2005, contentions of the respective parties and the subject-matter involved in the writ petition were considered. Notice was taken of the submission of the petitioner that in view of the decision of the Supreme Court dated February 12, 2002 in Abu Taher v. Abdul Wahab and Ors. (Civil Appeal No. 1203 of 2001) and the decision of this Court by another learned Single Judge in Sanjay Kumar Ray v. State and Ors. reported in 2005 (1) WBLR (Cal) 130, the petitioner had a right to offer his candidature in the selection process in question provided he possessed the requisite qualifications prescribed for the post.

( 2 ) AS the learned Single Judge considering the present writ petition expressed his disagreement with the view taken by the other learned Single judge in the case of Sanjay Kumar Ray (supra) and was of the view that special Bench decision in the case o