The Supreme Court's decision in Abu Taker impliedly overruled the Special Bench decision in Debasis Dutta, allowing candidates not sponsored by the Employment Exchange to participate in the selection process for non-teaching staff in schools governed by the 1969 Management Rules.

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 Taker v. Abdul Wahab & Ors., Civil Appeal No. 1203 of 2001, and the decision of this Court by another learned Single Judge in Sanjay Kumar Ray v. State & Ors., 2005 (l) CHN 355 : 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 of Debasis Dutta v. State of West Bengal, 1998 (2) CLJ 1, still holds good and no law was laid down by the Supreme Court in the case of Abu Taker (supra) that a person will be entitled to offer his candidature in any recruitment process even though his name is not sponsored by the Employment Exchange for the said purpose, when relevant rules make such exercise a mandatory requirement and in view of the above opinion as the learned Judge was not in agreement with the other view for getting the question decided by a larger Bench, a direction was given to place the file before the Hon’ble Chief Justice recording the question involved as follows:

“ The question is : Whether the Supreme Court decision dated February 12th, 2002 given in Abu Taker v. Abdul Wahab & Ors., Civil Appeal No. 1203 of 2001, has in any manner overruled the Special Bench decision of this Court in Debasis Dutta v. State of West Bengal &. Ors., 1998 (2) CLJ 1, and whether as a result a person whose name is not sponsored by the Employment Exchange has a right of any nature to participate, as a candidate, in a selection process initiated by a school governed by the 1969 Management Rules (framed under the West Bengal Board of Secondary Education Act, 1963) for recruiting and selecting a person for appointment as a member of the nonteaching staff.”

3. The same learned Judge also referred to another writ petition being W.P. No. 214 (W) of 2005 on 1st February, 2005 to a larger Bench wherein by order dated February 3, 2005 the then Hon’ble Acting Chief Justice was pleased to constitute this Full Bench as a larger Bench to consider and decide the said question. Several other matters involving same question were referred to larger Bench and hence these matters were placed before the present Bench for a decision. Affidavit-in-opposition has been filed in the present writ petition and the petitioner agreed to proceed with the final hearing without filing any affidavit-in-reply. All the matters were heard together by this Bench in presence of and as agreed to by the respective learned Advocates for the respective parties.

4. On behalf of the petitioners main argument was advanced by Mr. Ashoke Kumar Maity, Mr. Sumit Kumar Panja and Mr. Gouri Shankar Dey and on behalf of the respondents argument was advanced by Mr. Rabilal Moitra, learned Government Pleader.

5. In support of the contentions of the petitioners and for arguing on the scope of the two relevant judgments, the judgment in the case of Debasis Dutta v. State of West Bengal decided by a three-member Special Bench of this Court and 1998(2) CLJ 1 and the judgment of the Apex Court in the case of Abu Taker v. Abdul Wahab, Civil Appeal No. 1203 of 2001, were placed in substantial detail.

6. On the said question as to whether candidates not sponsor