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HARISH TANDON, RABINDRANATH SAMANTA
Dipak Kumar Mandal – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Rabindranath Samanta, J.
1. F.M.A no. 1091 of 2012 arises out of the order dated 15.03.2012 passed by a Learned Single Bench in W.P 16050 (W) of 2011 and F.M.A no. 1093 of 2012 arises out of the order dated 10.05.2011 passed by an another Learned Single Bench in W.P 21560 (W) of 2010 with W.P 23532 (W) of 2010. Since the two appeals are inter related to each other and a common judgment will govern both the two appeals, we heard the appeals analogously.
2. The appeals on hand have a checkered background which may be delineated as under:-The Additional District Inspector of Schools, Secondary Education by a letter dated 01.07.2008 granted permission to the Secretary of Srikrishnapur High School at Kharagpur, District – Paschim Medinipur to fill up the vacancy in the post of Group-D(permanent) in the school as per the latest recruitment rules. The managing committee of the school in its meeting held on 29.08.2008 took a decision to request the concerned employment exchange officer to sponsor the names of candidates for recruitment in the post and accordingly the school authority requested the concerned employment exchange officer to sponsor the names of the candidates for recr
The central legal point established in the judgment is the importance of adherence to rules and regulations, the need for widespread publication of government decisions affecting government-aided sch....
The court established that recruitment processes must adhere to the legal framework in place at the time of vacancy and emphasized the necessity of public advertisement for fair selection.
The main legal point established in the judgment is that administrative instructions cannot override statutory rules, and the rejection of an appointment must be in accordance with the applicable rul....
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