LexVIJOY KUMAR PANDEY versus ARVIND KUMAR RAI & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2013) 4 S.C.R. 121
VIJOY KUMAR PANDEY
v.
ARVIND KUMAR RAI & ORS.
(C.ivil Ap.peal No. 1310 of 2013)
FEBRUARY 13, :2013
[T.S. °THAKUR 1'ND M.Y. EQBAL,. JJ.]
Service Law - Selection - School Service Commission
A
B
· - Post of Headmaster - No panel/select list of candidates
prepared by the 'commission in accordance with the statutory c
regulations '."'" Effect of - Held: Since no panel was published, ,
no tecommendat(on or appointment could be· claimed. by any
. one of the candidates competing for the post concerned -
Preparation and publication of a panel was the least which
any candidate seeking appointment on the basis thereof was D
required to establish - . Publication of such a panel was
absolutely essential not only because the entire process was
reguf ated by statutory regulations but also in the interest of
· transparency and probity in matters concerning appointments
to offices under the State and in matters affec.ting rights of the
E -
citizen,s in discharge of governmental fuf]ctions - Since no
· ... pane{-as envisaged under the provisions of the regulations
ever came. into existence, claim by respondent for
appointment on the basis of such a non-existent panel was
untenable as the panel itself was stillborn - Directions issued
F
by Supreme Court keeping in view the peculiar facts and
circumstances of the case - West Bengal School Service
Commission (Procedure for selection of persons for
·appointment to the· post of teachers including Head Masters/
Head Mistresses Superintendent of Senior Madarasa in
G
recognized non-.Government Aided Schools and procedure
for conduct of business. of the Commission) Regulations,
1988.
Against the vacant post of a Head.master, the School
121
H
122
SUPREME COURT REPORTS
[2013] 4 S.C.R.
A Service Commission short listed three candidates for
consideration. 'K', one of. the candidates found ineligible
questioned the rejection of his candidature in Writ
Petition No.6117 of 2004 filed before the High Court and
obtained an interim order staying publication of the panel
B for the post of Headmaster. In 2009 'K' withdrew the
petition. A Single Judge of the High Court (Dipankar
Datta, J.) while dismissing the writ petition as withdrawn
vacated all interim orders but directed vide order 12th
March, 2009 that the period during which the panel could
c not be operated due to the interim order passed in the
writ petition should be excluded for computing the life of
the panel.
The School Service Commission took no further
steps in the matter nor was the panel published. This led
D to the filing of Writ Petition No.5866 of 2009 filed by
respondent No.1 in which he sought a mandamus
directing the School Service Commission to recommend
his name for appointment against the available vacancy.
The petition was dismissed by a Single Judge of the High
E Court (Dipankar Datta, J.) by order dated 27th July, 2009
on ground that since more than five years had elapsed
ever since the selection process was initiated and since
no panel had been published by the School Service
Commission it was not possible to direct the Commission
F to appoint respondent no.1 as Headmaster of the school.
Respondent no.1 filed appeal against order dated
27th July, 2009 passed by Dipankar Datta, J in Writ
Petition No.5866 of 2009. The appellant, on the other
G hand, filed appeal against order dated 12th March, 2009
passed by Dipankar Datta, J. in Writ Petition No.6117 of
2004. The Division Bench by order dated 29th January,
2010 set .aside order dated 27th July, 2009 passed by
Dipankar Datta, J. with a direction to the School Service
Commission to act in terms of the earlier order dated 12th
H
VIJOY KUMAR PANDEY v. ARVIND KUMAR RAI & 123
ORS.
Ma_rch, 2009 passed by the very same Hon'ble Judge. The
A
correctness of the judgment dated 29th January, 2010
was questioned in the instant appeal.
The question that arose for consideration was
whether any panel of candidates had been prepared by
8
the Commission in accordance with the provisions of the
West Bengal School Service Commission (Procedure for
selection of persons for appointment to the post of
teachers including Head Masters/Head Mistresses
Superintendent of Senior Madarasa in recognized non-
C
Government Aided Schools and procedure for conduct
of business of the Commission), Regulations, 1988; and
if so, whether the same continued to be valid and
subsisting to entitle the selecteExcerpt shown. Read the full judgment & AI analysis in Lexace.