SK MANTAJ ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The facts giving rise to the instant petition are that the consequent upon the vacancy in the post of Headmaster of Gobindanagar Muslim High School, the school authority sought for prior permission from the D.I. of Schools who granted the same but providing therein that the post shall be reserved for Scheduled Caste as per roster of vacancy vide his Memo. No 630-S dated 1.10.1992. The school authority could not recruit Headmaster due to non-availability of candidate and, therefore, they sought for dereservation of the post on 18.10.93. In reply to the said prayer, the D.I. of Schools again asked the school authority to fill in the vacancy with the SC candidate only vide his letter No. 940-S dated 26.7.94. The Managing Committee filed a writ petition being W.P. No. 237(W) of 2000 which was disposed of by an order dated 25th April, 2000 with a direction upon the Secretary, Education Department to treat the writ petition as the representation and to dispose of the same in accordance with the law.

(2.) In compliance with the said order dated 25.4.2000, the Secretary passed order dated 16.6.2000 being annexure 'R' while upholding the contention of the school authorities that a single cadre post cannot be reserved, however, held that after the coming into the force of the School Service Commission Act, the post has to be filled up in accordance with the procedures prescribed thereunder and directed the DI of Schools to release the prior permission accordingly.

(3.) Aggrieved by the said orders, the instant writ application has been filed. It is the contention of the petitioners, office bearers of the Managing Committee of the institution, that the prior permission having been granted before the coming into force of the School Service Commission Act, the selection process has to be concluded in accordance with the rules then existing and not in the manner prescribed by the School Service Commission Act, 1997. It was further contended that the right of the Managing Committee to make the appointment cannot be retrospectively altered or affected by the School Service Commission Act, 1997.