Calcutta High Court (Appellete Side)
Gobinda Giri vs Jagannath Giri & Ors on 4 September, 2015
Author: Girish Chandra Gupta
Bench: Girish Chandra Gupta
04/09/2015 MAT 1216 of 2012
with
MAT 1190 of 2012
With
CAN 342 of 2015
Gobinda Giri
-vs-
Jagannath Giri & Ors.
Mr. Milon Chandra Bhattacharya
Mr. Md. Nure Zaman
... for the Appellant.
Mr. Bikash Ranjan Bhattacharya
Mr. Himadri Barua
... for the respondent No.1.
Mr. Kamalesh Bhattacharya Mrs. Bratati Roy Chowdhury ... for the State.
The subject matter of challenge in the appeal is a Judgment and order dated 18th June, 2012 by which two writ applications were disposed of. The writ petition no. W.P.2687 (W) of 2009 was filed by Jagannath Giri and the writ petition No. W.P. 6678 (W) of 2010 was filed by Gobinda Giri. Jagannath Giri was enrolled in the died-in-harness category. There was a vacancy for a Group - D staff in Garh Haripur G.N.High School. The name of Jagannath Giri was sponsored by the District Inspector of Schools in the died-in-harness category. He was interviewed. During the interview selection committee was of the opinion that the performance of the candidate namely Jagannath Giri was very poor and therefore his candidature was rejected. In the circumstances, the District Inspector of Schools granted permission to the Garh Haripur G.N.High School to advertise the post. Such advertisement was duly published. Pursuant to such advertisement Gobinda Giri amongst others applied and Gobinda Giri was selected.
Aggrieved by the rejection of his candidature Jagannath Giri had already filed writ petition No. 2687 (W) of 2009. Since that writ petition was pending Gobinda Giri could not be appointed. Therefore, both the writ petitions were taken up for hearing together.
The learned Trial Court held that when only one candidate was sponsored by the District Inspector of Schools in the died- in-harness category there was no scope to hold any written test or any oral test. The Trial Court was of the opinion that the procedure adopted by the selection committee was wrong. The learned Trial Court went on to add that when only one person was sponsored he should have been straightway appointed without going in for any further test because there was no question of choosing the best candidate from amongst the sponsored persons, since there was only one person sponsored by the District Inspector of Schools. In that view of the matter, the learned Trial Court dismissed the writ petition preferred by Gobinda Giri. Gobinda Giri has come up in appeal challenging the Judgment and order of the learned Trial Court passed on 18th June, 2012. After the appeal was moved this Court after examining the records passed an order dated 12th July, 2013. It would be appropriate to notice the order in extenso which is as follows:
" We have perused the answer scripts produced by Mr. Chatterjee, learned Advocate, appearing for the Headmaster.
We have applied our mind to the evaluation and have also indicated our views to the learned Advocates appearing for the parties that the Selection Committee did not discharge its function dispassionately.
We are, as such, of the opinion that a fresh Selection Committee should be constituted by the Managing Committee and the candidate, namely, Jagannath, should appear once again before the Selection Committee for interview both oral and written in accordance with law.
There is another aspect of the matter, which is that the District Inspector of Schools, it appears, had sponsored only one name from out of died in harness category. The District inspector of Schools is supposed to maintain a roster of such candidates. There is some confusion as to whether there were more candidates available in the roster at that point of time when the candidate, namely, Jagannath was sponsored.
No one appeared for the State. We are, as such, unable to ascertain the actual state of affairs.
We, therefore, direct the District Inspector of Schools to check up whether any other candidate was there in the roster at the time when the name of Jagannath was sponsored. In case he finds there were any other names, then he shall forward those names also and all such candidates shall be interviewed by the Selection Committee and the result of such selection shall be produced before us.
Let the matter be listed under the same heading after six weeks.
The photo-copies of the records produced by Mr. Chatterjee, be kept on the record."
Pursuant to the order dated 12th July, 2013, a fresh selection committee was constituted and they held further test of the petitioner Jagannath Giri and they found that he secured 8.37 marks out of 9. The selection committee selected the petitioner Jagannath Giri. But the matter could not be proceeded any further because the appeal was pending. Now the appeal has come up for final hearing.
Mr. Milon Bhattacharyya, learned senior advocate, appearing for the appellant Gobinda Giri, submitted that Jagannath Giri may have obtained 8.37 marks out of 9 at the selection test but the fact remains that the claim put forward by him that he had studied at Bandhuchak Gaya Prasad Sikshaniketan up to class VIII is incorrect.
According to him, he never studied in that school, and the transfer certificate produced by him in order to show that he had studied up to class VIII at the aforesaid school is a procured document.
He also drew our attention to a letter dated 12th December, 2012, appearing at page 204 of the paper book, which is a letter written by the Headmaster Bandhuchak Gaya Prasad Sikshaniketan, High School, addressed to the Headmaster of Garh Haripur G.N. High School stating inter alia that "there is no entry of the name of Jagannath Giri ............ in the Admission Register of students and Attendance Register of students."
Mr. Bhattacharya, contended that this letter exchanged between the Headmaster of the two schools is a pointer to show that Jagannath Giri submitted a false and fraudulent claim as regards his formal educational qualification up to class VIII. He also drew our attention to a letter dated 30 April, 2014 appearing to have been written by the Deputy Director of School Education to the Additional District Inspector of Schools directing the latter to enquire from the Headmaster of Garh Haripur G.N.High School as to how can Jagannath Giri be selected when no genuine certificate of minimum academic qualification had been furnished by him.
Mr. Bhattacharyya, submitted that Jagannath is unable to prove that he had studied up to class VIII as required. He could not have been selected nor he could have been sponsored and therefore the order under challenge should be set aside.
We have not been impressed by the submission of Mr. Bhattacharyya appearing for the appellant. Pursuant to the order of this Court passed on 12th July, 2013 a test was conducted in which Jagannath Giri appeared to have secured 8.37 marks out of 9.
The question however remains as to whether he has formal educational qualification up to class VIII. The further question remain whether the document furnished by him as regards his educational qualification from Bandhuchak Gaya Prasad Sikshanikatan High School are genuine. Those documents do not appear to have been examined at any level.
This appeal is, therefore, disposed of by directing the concerned District Inspector of Schools to have the documents furnished by Jagannath Giri as regards his educational qualification at Bandhuchak Gaya Prasad Sikshanikatan High School, verified. He shall also give an opportunity to Jagannath Giri to prove his educational qualification from the aforesaid school. Though the appellant Gobinda Giri strictly speaking has no right to be present at such enquiry, we permit him to be present and further direct the District Inspector of Schools to hold requisite enquiry upon notice to him. He shall be entitled to remain present at such enquiry. In case the District Inspector of Schools is satisfied as regards the claim of the Jagannath Giri that he has formal education up to class VIII which is the minimum qualification required for a Group-D post from Bandhuchak Gaya Prasad Sikshya Niketan High School as claimed his selection shall be further processed and steps will be taken for appointing him to the Group-D post. In case the District Inspector of Schools is not satisfied then he shall pass a reasoned order rejecting the claim of Jagannath Giri for appointment for the post of Group - D post. In case Jagannath Giri fails to prove the fact that he has formal education up to class VIII from Bandhuchak Gaya Prasad Sikshya Niketan High School, as claimed by him and in case the District Inspector of Schools is satisfied that the documents submitted by Jagannath Giri are not genuine he shall proceed to process the selection of Gobinda Giri in accordance with law.
The District Inspector of Schools shall complete the process within a maximum period of six months from date.
Both the appeals and the application are thus disposed of. The order under challenge is set aside.
Bd.
(Girish Chandra Gupta, J.) (Shib Sadhan Sadhu, J.)