Md. Gani vs State of West Bengal and Others

Pranab Kumar Chattopadhyay, J.—This appeal is directed against the judgment and order passed by the learned single Judge on 18th March, 2002 in W. P. 20001(W) of 1998 whereby and whereunder the learned single Judge affirmed the decision of the District Inspector of Schools (SE) Birbhum dated 9th September, 1998. From the records it appears that the duly constituted Selection Committee prepared a panel for filling up the post of Assistant Teacher in Arabic in Harioka High School. In compliance with the order dated 13th January, 1998 passed by Panigrahi, J. in connection with another Writ Petition being W. P. 23776(W) of 1997. the District Inspector of Schools (SE), Birbhum upon hearing the submissions of the respective parties passed an order on 9th September, 1998 whereby and whereunder the said District Inspector of Schools refused to approve the panel prepared by the Selection Committee. The relevant portion of the said order of the District Inspector of Schools is quoted hereunder :

"Relevant papers and submissions regarding preparation of the panel are considered. As the M. C. did not accept the panel, prepared by the selection committee, so there lies procedural defects. As such the panel cannot be considered."

The aforesaid order of the District Inspector of Schools was challenged by the petitioner before the learned single Judge and the learned single Judge while finally deciding the writ petition of the petitioner herein came to the conclusion that there is no legal infirmity in the aforesaid order of the District Inspector of Schools (SE), Birbhum and therefore, refused to grant any relief to the petitioner. The relevant portion of the impugned order passed by the learned single Judge is quoted hereunder:

"In the aforesaid circumstances, no legal infirmity can be found with the order of the D.I.S.(S.E.) refusing to consider the panel which has not been submitted to him by the Managing Committee for his approval. Merely because, the Secretary of the institution has forwarded the papers to the D.I.S., it cannot be said that the District Inspector of Schools (S.E.) is bound to consider the same and accord approval."

On examination of the. order passed by the District Inspector of Schools (SE), Birbhum on 9th September, 1998 it appears that the said District Inspector of Schools refused to consider the panel forwarded by the Managing Committee on the ground that the said Managing Committee did not accept the panel prepared by the Selection Committee. The District Inspector of Schools, however, specifically mentioned in the said order dated 9th September, 1998 that the panel alongwith the relevant papers were forwarded by the Managing Committee. The relevant portion of the said order of the District Inspector of Schools in this regard is quoted hereunder:

"But due to negative attitude and pressure of a few members of the M.C. the panel could not be approved in the meeting of the M. C. So, the said panel alongwith relevant papers was forwarded to the Dist. Inspector of Schools (S.E.). Birbhum."

In terms of the recruitment rules, the Selection Committee after preparing the panel shall submit the same to the Managing Committee and the Managing Committee shall forward the said panel to the District Inspector of Schools (SE) concerned for approval with relevant papers. The relevant provision of the recruitment rules as was applicable at the relevant time is quoted hereunder:

"6(n). The Selection Committee after preparing the panel on the date of interview shall submit the same to the Managing Committee/Ad-hoc Committee/Administrator. On being examined by the Managing Committee/Ad-hoc Committee/Administrator the panel shall be forwarded to the D.I.S. (SE) for approval with all relevant papers within 15 days from the date of interview. D.I.S. (SE) shall convey his decision within one month from the date of receipt of the panel."

It is clear from the aforesaid recruitment rules that the Managing Committee shall forward the panel to the District Inspector of Schools (SE) concerned for approval with relevant papers. The Managing Committee has no power and/or authority to accept and/or approve the panel prepared by the Selection Committee. The District Inspector of Schools (SE) Birbhum erred in holding that there lies a procedural defect as the Managing Committee did not accept the panel prepared by the Selection Committee.

As mentioned hereinabove, in terms of the relevant provision of the recruitment rules as was applicable at the relevant time the Managing Committee was not empowered to accept and/or approve the panel and, therefore, the aforesaid findings of the District Inspector of Schools cannot be sustained. It is. however, admitted by the District Inspector of Schools and recorded in the aforesaid order that the panel along with the relevant papers was forwarded by the Managing Committee to the District Inspector of Schools (SE) Birbhum.

It may also be noted that on an earlier occasion while filling up the post of Physical Science in the same school, the District Inspector of Schools (SE) Birbhum refused to approve the panel on identical ground but subsequently pursuant to the specific order passed by the court in a Writ Petition being W. P. 26830(W) of 1997 approved the said panel and the successful candidate on the basis of the said panel ultimately got the appointment to the said post of Physical Science teacher. Unfortunately, in the present case, the District Inspector of Schools (SE) Birbhum refused to pass appropriate order approving the panel prepared by the Selection Committee and forwarded by the Managing Committee as a result whereof the post of Arabic Teacher is still lying vacant although the post of Physical Science Teacher has been filled up pursuant to the revised order of the District Inspector of Schools (SE) Birbhum.

In the aforesaid circumstances, in our opinion, the specific finding of the learned single Judge in the judgment under appeal regarding non-submission of the panel to the District Inspector of Schools (SE). Birbhum by the Managing Committee of the school for approval is not (actually correct. It has been mentioned earlier that the District Inspector of Schools (SE) Birbhum in the order dated 9th September, 1998 specifically mentioned that the Managing Committee of the school forwarded the panel with relevant papers. For the aforementioned reasons, impugned order passed by the learned single Judge cannot be approved as the same is liable to be set aside and the same is therefore, set aside. As the panel prepared by the Selection Committee together with all relevant papers have already been submitted by the Managing Committee of the school concerned and the District Inspector of Schools refused to consider the same without any valid reason, we also quash the said order of the District Inspector of Schools (SE) Birbhum as communicated by memo dated 9th September, 1998 and direct the said District Inspector of Schools (SE) Birbhum to pass appropriate order regarding approval of the said panel on the basis of the available papers at an early date but positively within a period of two weeks from (he communication of this order. In view of the pendency of this matter before this court for a considerable period, the said District Inspector of Schools (SE) Birbhum will not raise any objection on the ground of age bar of any candidate. The post of Arabic teacher in the school is lying vacant for a considerable period and therefore, the District Inspector of Schools (SE) Birbhum will forward the approved panel to the Managing Committee of the said schools within the time mentioned hereinabove positively. By abundant caution, we also make it clear that the provisions of the West Bengal School Service Commission Act, 1997 have no manner of application in the present case as, admittedly, the process of selection was initiated and even the panel in question was prepared before the provisions of the said Act and Rules framed thereunder came into operation.

With the aforesaid directions and/or observations, this appeal stands allowed.

There will be no order as to costs. Let urgent xerox certified copy of this judgment and order, if applied for, be given to the learned Advocates of the parties on usual undertaking.

Arunabha Basu, J.