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Judgment
Debasish Kar Gupta, J.—This writ application is directed against an order passed by the West Bengal Higher Secondary Education under Memo No. 13025/RNRC/00396/2013 dated February 06, 2013. For proper adjudication of the issue involved in this matter, the above communication is quoted below:--
No. 13025/RNRC/00396/2013
Date: 06/02/2013
From: The Deputy Secretary (Academic)
West Bengal Council of Higher Secondary Education
To: The Headmaster/Headmistress
JHALDA SATYABHAMA VIDYAPITH
P.O. - MASINA DIST - PURULIA PS: JHALDA
Sub: Renewal of Recognition
Ref No. 62/3, V
Dt. 06/01/2013
Sir/Madam,
The tenure of recognition of your institution is hereby extended up to June 30, 2013 on the usual terms and conditions of the Council.
You are hereby instructed to abstain from admitting students in subject(a) COMA from 2013-2014 academic session for nonexistence of duly qualified teacher (a) therein.
NOTE: Council does not permit to teach COMA subject by part-time teacher.
After hearing learned Counsel appearing for the respective parties, I find that the West Bengal Council of Secondary Education is permitted the Jhalda Satyabhama Vidyapith, District-Purulia to introduce course of Computer Science and Computer Application in higher secondary section of the above school.
Time and again, the West Bengal Council of Secondary Education requested the above school to send the particulars with regard to the appointment of full time qualified teachers in respect of the above course.
In reply, the school informed the Council by a communication issued under Memo No. 32/SV dated August 25, 2011 (page 29 of this writ application) that a part time teacher has been appointed in the school in question for continuing the study of the above courses. Subsequently, the school in question requested the District Inspector of Schools (S.E.), Purulia by a communication under Memo No. 52/SV dated August 10, 2012 to regularise the appointment of part time teacher in respect of the courses under reference. Ultimately, the West Bengal Council for Higher Secondary Education passed the impugned order rejecting the prayer for renewal of recognition of the past courses on the ground of non-existence of duly qualified teachers.
Let it be recorded that the West Bengal Council for Higher Secondary Education issued a circulars under Memo No. 1/SECY/131/207 dated October 17, 2007 communicating its decision not to introduce the subject of Computer Science, amongst other subjects in any institution without having full time approved teachers from academic Sessions 2008-2009. Without allowing any part time teacher for imparting licence in these subjects.
Taking into consideration the admitted fact of the decision of the Council not to introduce any institution in absence of any full time teacher I find that the petitioner institution has no illegally enforceable right for renewal of the recognition under reference. The prayer for regularisation of the appointment of part time qualified teacher cannot be sustained in law in view of the settled principle of law that Recruitment Rule has to be followed strictly and not in breach. Reference may be made to the decision of Dr. Arundhati Ajit Pargaonkar Vs. State of Maharashtra and others, and the relevant portions of the above decision is quoted below:-
Since the Government has been treating the Class II post in purview of Public Service Commission and these posts were not included in the notification issued on 8th October, 1965 by the State Government the Tribunal did not commit any error in recording the finding that the post of Lecturer in Dentistry in the State of Maharashtra even in 1978 was within purview of the Public Service Commission. Even otherwise the Temporary Government Services Regularisation Rules issued by the Government in 1975 should not be held, in the larger interest, to be applicable to these cases where the post specially Class-II service in purview of the Dr M.A. Haque and Others Vs. Union of India (UOI) and Others, it was observed by this Court:
.......we cannot lose sight of the fact that the recruitment rules made under Article 309 of the Constitution have to be followed strictly and not in breach. If a disregard of the rules and the bypassing of the Public Service Commissions are permitted, it will open a back-door for illegal recruitment without limit. In fact this Court has, of late, been witnessing a constant violation of the recruitment rules and a scant respect for the constitutional provisions requiring recruitment to the services through the Public Service Commission. It appears that since this Court has in some cases permitted regularisation of the irregularly recruited employees, some Governments and authorities have been increasingly resorting to irregular recruitments. The result has been that the recruitment rules and the Public Service Commissions have been kept in cold storage and candidate dictated by various considerations are being recruited as a matter of course.
In view of the above facts and circumstances, I find that the petitioners have come up before this Court of equity for granting relief in their favour without adhering to the provisions of law. So no relief can be granted and the writ application is dismissed.
These will be, however, no order as costs. Urgent photostat certified copy of this order, if applied for, be given to the parties, as expeditiously as possible, upon compliance with the necessary formalities in this regard.