Mahesh Rabi Das vs State and Others

This application has been filed in connection with the appeal preferred from the order dated 10th April, 2012 passed by a learned Judge of this Court whereby and whereunder the said learned Judge dismissed the writ petition upon holding that the Additional District Inspector of Schools (SE) was not authorised to issue prior permission under the Recruitment Rules, 2005 for filling up the post of non-teaching staff in the government aided institutions. The learned Advocate representing the State-respondents produced an office order issued by the School Education Department, Government of West Bengal under Memo No. 1360-SE(Law)/SL/5s 198/12 dated 27th August, 2012 whereby the Secretary, School Education Department, Government of West Bengal has made it clear that the Additional District Inspector of Schools (SE) was duly authorised to independently dispose of the matters with regard to grant of prior permission, approval of the panel and approval of appointment of teaching and non-teaching staff. In the aforesaid Memo, Secretary has also made it clear that the Additional District Inspector of Schools (SE) and the District Inspector of Schools (SE) are equal ranking officers having independent power to regulate the affairs of the establishment.

In view of the aforesaid clarificatory notification issued by the Secretary, School Education Department, Government of West Bengal, we are of the opinion that the selection process which was initiated on the basis of the prior permission granted by the Additional District Inspector of Schools (SE) for filling up the post in question cannot be held to be illegal and/or irregular.

For the aforementioned reasons, we are unable to approve the impugned order under appeal passed by the learned Single Judge and the same is, therefore, set aside.

Additional District Inspector of Schools (SE), Gangarampur Sub-division namely, the respondent No. 4 herein is directed to take necessary steps to complete the selection process for filling up the post in question by approving the panel without any further delay but positively within a period of two weeks from the date of communication of this order in the event, said Additional District Inspector of Schools (SE) is satisfied that the panel in question is otherwise valid and legal.

The copy of the clarificatory order dated 27th August, 2012 issued by the Secretary, School Education Department, Government of West Bengal and submitted by the learned Advocate of the State-respondents today in Court be kept with the records.

With the aforesaid observations and directions, both the application as well as the appeal stand disposed of upon treating the said appeal as on day''s list.

In the facts of the present case there will be no order as to costs. Let a xerox plain copy of this order duly countersigned by the Assistant Registrar (Court) be given to the learned Advocates of both the parties on usual undertaking.