JUDGMENT :

Rabindranath Samanta, J :

1. Aggrieved by the non-approval of a panel dated 02.05.2014 selecting him to be appointed as a librarian of a Girls High School, the petitioner has approached this Court by preferring this writ petition.

2. Background facts which are necessary for adjudication of the matter may be summarised as under:

3. The petitioner passed secondary examination in the year 1987 and higher secondary examination in the year 1990. Thereafter, he completed B.A. Part-I (Honours) Examination, 1992 from the University of North Bengal. He passed Bachelor of Library Science Examination, 1997 from the University of North Bengal.

4. As an unemployed youth the petitioner registered his name with the District Employment Exchange, Jalpaiguri vide registration No. WB 10620073811.

5. A post of Librarian was sanctioned in Dhupguri Girls’ High School, Jalpaiguri vide Memo dated 3rd October, 2007 issued by the Commissioner of School Education, Government of West Bengal, the respondent No.2 herein. To fill up the post of Librarian, the school authority sought permission from the District Inspector of Schools (SE), Jalpaiguri vide Memo dated 6th December, 2007. By a Memo dated 2nd April, 2008, the District Inspector of Schools, the respondent No.4, accorded permission to the school authority to fill up the post of librarian. Thereafter, the school authority requisitioned the names of eligible candidates from the District Employment Exchange and in response thereto the Employment Officer, District Employment Exchange, Jalpaiguri sponsored the names of eligible candidates.

6. After the names of eligible candidates were obtained from the employment exchange, the school authority vide a Memo dated 5th January, 2009 asked the petitioner to appear before the selection committee for interview at the school premises on 16th January, 2009 at 11:30 A.M. In response thereto he appeared before the selection committee.

7. After the interview was over, the selection committee prepared a panel on the same date i.e. on 16.01.2009 on the basis of the performance and academic qualifications of the candidates. In the panel prepared by the selection committee, the petitioner was empanelled as the second candidate. The petitioner submits that while the selection committee prepared the panel it erroneously took into account ten marks instead of 20 marks for the degree in Library Science. However, the panel so prepared erroneously was forwarded to the District Inspector of Schools (SE) Jalpaiguri by the school authority. The aforesaid panel which was received by the District Inspector of Schools in time, but he forwarded the panel to the respondent No.3, the Deputy Director of School Education vide memo dated 3rd September, 2013. After the panel was forwarded to the respondent No.3, the school authority after realising that marks were awarded erroneously relating to degree in library science, the school authority prepared a fresh panel taking into account 20 marks instead of 10 marks for the degree in library science. The panel dated 2nd May, 2014 prepared afresh was forwarded to the District Inspector of Schools vide Memo dated 9th June, 2014. While both the panels – one dated 16.01.2009 and the another dated 02.05.2014 were pending for approval before the concerned authorities, the District Inspector of Schools vide Memo dated 7th January, 2015 communicated the decision of the Deputy Director of School Education whereby the first panel prepared by the selection committee was rejected on the reason that the panel was prepared in violation of the recruitment rules. Accordingly, the respondent No.3 instructed the District Inspector of Schools to advice the school authority to follow the recruitment rules which were in force at that time if the concerned post was duly sanctioned and lying vacant. The petitioner states that the corrected/recast fresh panel dated 02.05.2014 prepared by the school authority wherein he has been empanelled as the first candidat