HARI PRASAD SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Special leave granted.

(2.) In the impugned judgment of the division bench wherein the present appellants were the respondents, on the question of materials to prove their appointments as school teachers, it has been observed:

(3.) The appellants have produced before us in original the appointment letters said to have been issued to the appellants by authorities of the respective schools. The appellants also contend that this question was not in issue before the Division bench. Even if that was so, since the division bench has based its judgment entirely on this fact and the appointment letters are now being produced before us, we feel that the materials should now be placed before the division bench of the High court so that a correct decision can be taken based on these letters and other relevant materials that may be produced by the parties. Mr D. N. Mukherjee, learned counsel appearing for the State of West Bengal submits that the Managing Committees of the schools at the relevant time did not have the authority to make the appointment. The appellants' reply thereto is that this question was never raised before the High court. We are not expressing any opinion on these contentions. It will be open for the parties to raise these contentions before the High court at the appropriate time. We accordingly set aside the impugned judgment and remand the case to the High court for decision in accordance with law. The parties will appear before the High court on 7/08/1990 for direction and orders. The appeal is disposed of accordingly. We make no order as to costs.