1. The petitioner has filed the present writ application praying for quashing an setting aside the Recruitment Notification No. 58(48) dated 7th January, 2025, issued by the Chairman–cum–Convener for appointment to the posts of Superintendent, Cook and Helper in Ashram Hostel (ST) of Paramanandapur Jagannath Institution on temporary basis.

2. The petitioner has raised two issues in the present writ application namely:

                   i. The Recruitment notice is issued by the Chairman as Convener, Advisory Committee but as per order dated 18th December, 2024, issued by the Principal Secretary, Tribal Development Department, Government of West Bengal, the Head Master/ Teacher-in-Charge/ Head Teacher of Primary/ Secondary School Concerned is the Member Convener.

                   ii. As per the letter dated 18th June, 2025, issued by the Senior Deputy Secretary, Government of West Bengal, Tribal Welfare Department, care should be taken to ensure that the candidates who are familiar with the language, culture ethos and milieu of the prospective residents of the hostel are given preference so that the children coming from tribal families are not put into a totally foreign environment and there are no gaps in the understanding between the people taking care of the children and their families but the same is not followed by the respondents.

3. Mr. Partha Sarathi Bhattacharya, Learned Senior Advocate representing the petitioner submits that when the petitioner came to know that the respondents have not acted in terms of the new guidelines, requested the Block Development Officer, Chairman of Block Advisory Committee to rectify the defects as per new guidelines for recruitment/ engagement in the post of Superintendent and other posts and due to which the petitioner has not applied for the said post with the hope that the respondents will correct the recruitment notice and will publish the same afresh.

4. Mr. Bhattacharya submits that the Block Development Officer, Moyna, for his personal gain and to engage his prechoiced person specifically in the post of Superintendent intentionally not followed the new guidelines. He submits that the recruitment notice itself is bad as the same was not published with the signature of appropriate authority.

5. Mr. Bhattacharya submits that the petitioner came to know that ignoring the objection raised by the petitioner, the respondents continued with the selection process. The petitioner submitted a representation with the request for cancellation of the recruitment process and to start afresh selection process in terms of the guidelines but the same is not considered.

6. Mr. Jahar Lal De, Learned AGP, representing the respondent nos. 1 to 9 submits that vide Resolution dated 11th December, 2006, five members Advisory Committee was constituted for each of the Ashram Hostels for Scheduled Castes and Scheduled Tribes attached to the Primary Schools and Secondary Schools including the Chairman, Convener. He submits that as per the said Resolution, concern Block Development Officer is appointed as Chairman, Convener.

7. Mr. Lal submits that the Principal Secretary, Government of West Bengal, Tribal Development Department by an order dated 11th March, 2024, issued direction for engagement of personnel for Ashram Hostels under the administrative control of the Department in a transparent manner by the Block Level Advisory Committee formed vide resolution dated 11th December, 2006.

8. Mr. Lal submits that in terms of the order dated 11th March, 2024, the Chairman-cum-Convener of the Advisory Committee has published the Recruitment Notice dated 7th January, 2025. He further submits that as per recruitment notice, altogether 10 candidates appeared in the written test for the post of Superintendent and were also called for interview. He submits that as per marks obtained by the candidates in the written test and interview, merit list was prepared and was published in Purba Medinipur, District NIC Website.

9. Mr. Lal submits that as per merit list, engagement letter was issued to the private respondent but the Headmaster of the Paramanandapur Jagannath Institute not allowed the private respondent to join his service as per the order of appointment. He submits that the respondents have conducted the recruitment process in accordance with law and in a transparent manner.

10. Mr. Kanai Lal Samanta, Learned Advocate representing the private respondent submits that as per the recruitment notice, the private respondent participated in the recruitment process and appeared in written test as well as in the interview and as per the marks obtained by the private respondent, the respondents have issued an order of appointment but Headmaster is not allowing the petitioner to join his duty.

11. The petitioner has filed the present writ application relying upon the order dated 18th December, 2024, issued by the Principal Secretary of the Tribal Development Department wherein the Advisory Committee in Urban area and Rural area has been constituted which reads as follows:

                   “Now, therefore, the Governor is pleased to order the composition of the Advisory Committee of the Ashram Hostels under the administrative control of the Tribal Development Department for the urban and rural areas as follows:

                   “ADVISORY COMMITTEE IN URBAN AREAS