Calcutta High Court (Appellete Side)
18351W/2010 on 14 September, 2010
Author: Dipankar Datta
Bench: Dipankar Datta
1 14.09.2010Item No. 10
SB W.P. 18351 (W) OF 2010 Mr. S. Roy, Mr. D. Ghosh.............for the petitioner. Mr. A. Ganguly............for the Commission. The petitioner, the teacher-in-charge of the school in question, is aggrieved because a post of assistant teacher in Science (reserved for physically handicapped candidate) is lying vacant since long and the Regional School Service Commission has not favourably responded to his request for recommending a suitable candidate for appointment from the waiting list. Mr. Ganguly, learned Advocate for the Commission submits that one Nur Alam was recommended from the merit list of physically handicapped candidates. However, soon thereafter, it was detected that Nur Alam did not suffer from physical disability so as to warrant recommendation in his favour. He was referred to the special medical board which confirmed that he was not a physically handicapped candidate. Challenging the decision of the special medical board, Nur Alam has preferred a Writ Petition being W.P. 16763 (W) of 2010, which is pending before this Court. 2 He submits that so long the writ petition filed by Nur Alam is not decided either in favour or against him, the Commission would not be justified in making any further recommendation for filling up the vacant post.
This Court finds substance in the submission of Mr. Ganguly. Once a candidate has been recommended and he intends to join the post to which he has been recommended, the Commission is not empowered to send a second recommendation for the self- same vacancy. The result of W.P. 16763 (W) of 2010 has to be awaited. This writ petition stands disposed of. Depending on the outcome of W.P. 16763 (W) of 2010, the Commission shall take further steps.
There will be no order for costs.
Urgent photostat certified copy of this order, if applied for, be furnished to the parties as early as possible.
(DIPANKAR DATTA, J.)