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10. On the very first motion date when this writ application was moved by the present appellants, learned trial Judge by the order dated 25th January, 2006 expressed inability to grant any relief due to the earlier order dated 20th December, 2004 passed in another writ application being W.P. No. 16621 (W) of 2004, directing to complete selection process, with the observation that prima facie the writ petitioners made out a good case as prior to creation of the post, advertisement was published long back in the year 2001 and process of selection was not completed as yet.

This writ petition stands disposed of with the aforesaid observations.

In view of the disposal of this writ petition, the connected application for ad interim order of injunction being C.A. No. 434 of 2006 becomes infructuous and the same also stands disposed of as such.

There will be no order as to costs.

Let xerox plain copy of this order, duly countersigned by the A.R. (Court) of this Court, be handed over to the learned Counsel, for the petitioner.

12. In terms of the direction of the Division Bench dated 11th June, 2007, State respondents have filed an affidavit explaining the present position of the selection process and cause for the delay to complete such, though vacancy declaration by news advertisement inviting names of the applicants was published in the year 2001. This affidavit was affirmed by one Sri Ashok Bandopadhyay, Officiating District Registrar, South 24-Parganas. In the opposition it has been contended "that advertisement was published on 3rd February, 2001 in the daily newspaper "AAJKAL" as well as other newspapers inviting names of the eligible candidates of "Sunni" community of Mohammadan religion for the post in question by fixing the last date of the application dated 28th February, 2001, that on 13th February, 2001, Deputy Secretary, Judicial Department, Government of West Bengal informed the Inspector General of Registration and Commissioner of Stamps and Revenue, West Bengal that the Hon'ble Governor was pleased to sanction opening of the Mohammadan Marriage Registrar offices in twelve Police Stations in the district of South 24-Parganas including the present one, which is under Kakdwip Police Station, that though Selection Committee was constituted (the details of which are mentioned in Paragraphs HI and IV) in terms of the notification No. 5056-J dated 28th June, 2000 issued by the Judicial Department, Government of West Bengal, wherein Sabhapati of the Zila Parishad of the district or any member nominated by the said Sabhapati, Government Pleader/Public Prosecutor of the district as nominated by the District Magistrate, the District Magistrate or any officer of the district not below the rank of Deputy Magistrate nominated by the District Magistrate, one Member of Legislative Assembly nominated by the State Government and one representative nominated by the West Bengal Minorities Commission became memebers of such committee, but it could not function due to frequent changes of Government Pleader and the Member of Legislative Assembly at different points of time, a fresh notification was Issued again being notification No. 1538-J/VI dated 17th August, 2001 constituting the District Committee published in the Calcutta Gazette, which caused delay to complete selection process". It has been further contended that ultimately District Committee was constituted and in compliance with the earlier order of the High Court passed in the writ application of Md. Isa Ali Jatua read with the decision of the I.G.R. & C.S.R. dated 26th July, 2004, the selection process was completed by empanelling the names of three candidates on merit after holding interview of the candidates who submitted their applications in terms of the advertisement dated 3rd February, 2001 published in the daily newspapers. In this opposition, the result of such selection as was communicated by the District Registrar, South 24-Parganas under Memo No. CON-10 dated 27th December, 2005, has been annexed at page 24.

16. It is the submission of the State respondents that the concerned posts were duly advertised and due to the difficulty of constituting the District Committee, selection process could not be completed earlier but subsequently in view of the order as passed earlier by the High Court in writ applications filed by Md. Isa Ali Jatua, the selection process has been completed by empanelling the names of three candidates on merit in a panel, wherein the added respondent has secured 1st position.

17. Learned advocate for the added respondent, the first empanelled candidate has submitted before us that there was no illegality committed by the respondents to complete the selection process and as on merit he has secured the first position in the panel, now he is entitled to be appointed in the post.

22. So far as the other point as urged that due to long delay to complete the selection process and in view of the decision of the authority to publish vacancy declaration afresh in respect of other vacancies, there should be a fresh advertisement of the present vacancy of the concerned post under Kakdwip Police Station, also has no sound legal basis. It is a settled law that delay to fill up the vacancy by completing the selection process cannot be a ground to set aside the panel and/or appointment, if any, is made. The said issue has been considered by the Apex Court in the case Dalpat Abasaheb Solunke and Ors. v. Dr. B.S. Mahajan and Ors. , wherein in Para 6, the Apex Court held to this effect: