1. CHALLENGING the judgment and order dated 12th June, 2007 passed by the learned Trial Judge in the writ application registered as W. P. No. 21128 (W) of 2006, this appeal has been preferred by the writ petitioners. Learned Trial Judge dismissed the writ application on the ground of lack of locus standi to move the writ application by the writ petitioners, which was on the grievance that the respondent No. 10 in the writ application though was not eligible to be recommended by Service Commission and thereby to be appointed in the post of Headmaster due to lack of minimum percentage of marks fixed for academic qualifications from Secondary level to Master degree but was recommended by the School Service Commission and. thereby was appointed for the post of Headmaster in the concerned school, wherein the writ petitioners wards are studying, by committing fraud and suppressing the material facts of his service status in the application seeking recommendation before the School Service Commission and purportedly disclosing the wrong facts to deceive the said School Service Commission for the purpose of availing exemption from the embargo of securing minimum percentage of marks in Master Degree, Secondary and Higher Secondary level as was granted to the existing Headmaster of a school by contending, inter alia, that he was an approved existing Headmaster of a school, namely, uttar Sankarpur S. C. High School, though his such claim was negatived by the judgment passed by Barin Ghosh, J. (as His Lordship then was) being the judgment and order dated 13th August, 2001 passed in W. P. No. 10789 (W) of 2001, whereby and whereunder in the writ application he prayed for a declaration of his status as Headmaster on the ground Of holding the post of Teacher-in-Charge of the concerned school for a long period to resist the selection of a candidate in the post of Headmaster in the concerned school. Learned Trial Judge did not consider the point about commission of fraud by the respondent No. 10 who joined in the post of Headmaster of purgram S. C. High School, Uttar Dinajpur on the recommendation of West bengal School Service Commission, wherein admittedly for consideration of his candidature under exempted category, said respondent No. 10 disclosed his service status as existing approved Headmaster of Uttar sankarpur S. C. High School to avail the exemption from academic qualification standard and more particularly, securing of minimum percentage of marks in the Master Degree, Secondary and Higher secondary level. Learned Trial Judge held that prayers for writ of mandamus and certiorari were not maintainable by the writ petitioners as they were not the party aggrieved by such appointment irrespective of the fact of commission of fraud and thereby dismissed the writ application. Order of the learned Trial Judge under appeal reads such :

"the twelve petitioners took out this writ petition questioning appointment of the tenth respondent (Subhrangshu Chakraborty) as headmaster in Purgram S. C. High School, Uttar Dinajpur. In 2001 the tenth respondent moved a writ petition, No. 10789 (W) of 2001, before this Court questioning and advertisement of the school service commission dated July 14th, 2001 inviting applications for the post of headmaster in Uttar Sankarpur S. C. High School, Uttar dinajpur. In that case the tenth respondent claimed that he was the approved headmaster of Uttar Sankarpur S. C. High School and hence the school service commission was not authorized to initiate any selection process for appointing any headmaster in that institute. By order dated August 13th, 2001 that writ petition was dismissed with costs. It was held that the tenth respondent was not an approved headmaster of that Uttar Sankarpur S. C. High School. Counsel for the tenth respondent submits that appeal preferred against that order dated August 13th, 2001 is pending decision in this Court. In 2005 the school service commission issued advertisement inviti