ASOKE SAWOO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) All these writ petitions were heard separately. I propose to dispose of the same by this common judgment and order since the question of law involved therein is the same.

(2.) The Petitioner in W.P. No. 16383(W) of 2010 is the secretary of the Managing Committee of Dhanyakuria High School (hereafter the school). Four posts of non-teaching staff in the school were vacant at the material point of time, i.e. one post of librarian, two posts of Group 'C' staff and one post of Group 'D' staff. The West Bengal Schools (Recruitment of Non-teaching Staff) Rules, 2005 (hereafter the 2005 Rules) were the applicable statutory rules regulating recruitment to such vacant posts. On approach being made by the school, the Additional District Inspector of Schools (S.E.), Basirhat Sub-division, District 24 Parganas (North) (hereafter the Additional District Inspector) accorded prior permission to the school to conduct recruitment process. Advertisements were published in a daily vernacular newspaper inviting eligible candidates to offer their candidature for recruitment to such vacant posts. Requisitions were also sent to the concerned employment exchange to sponsor names of eligible candidates. Number of candidates was sponsored by the Employment Exchange. A good number also responded to the advertisement and offered their candidature. Interviews were arranged by the Managing Committee of the school on December 20, 21, 22 and 23, 2008. However, due to sudden death of a close relative of the Petitioner, the interviews were postponed and the same was duly notified to all concerned by publishing a notice in a daily vernacular newspaper. Thereafter, the Additional District Inspector was again approached by the Headmaster of the school on December 24, 2008 for permission to hold interviews in terms of the 2005 Rules. However he did not respond. Feeling aggrieved by the inaction of the Additional District Inspector, this petition dated September 7, 2009 was presented for a direction upon the Additional District Inspector to permit the Managing Committee of the school to hold the postponed interviews.

(3.) Mr. Bari, learned Advocate for the Petitioner contended that the process of selection having commenced in terms of the 2005 Rules, amendments effected in the West Bengal School Service Commission Act, 1997 (hereafter the 1997 Act) w.e.f. January 14, 2009 by the West Bengal School Service Commission (Amendment) Act, 2008 (hereafter the Amendment Act of 2008), thereby empowering the Regional School Service Commissions constituted under the 1997 Act to select candidates for recruitment to vacant non-teaching posts in non-Government aided and unaided schools would have No. application since the provisions are not intended to operate retrospectively. He placed reliance on a recent Division Bench decision of this Court dated July 9, 2010 in the Secretary of the Managing Committee, Kalinagar Girls High School, Nadia v. Archana Ghosh (Saha) and Ors., 2010 3 CalLT 192(HO, to contend that the vacancies having occurred prior to the amendments effected in the 1997 Act and selection process having commenced by issuance of advertisements inviting applications and requisitioning names of candidates from the employment exchange, the same ought to be filled up in accordance with the rules prevailing at the time the vacancies had actually arisen. When informed that there are decisions of this Court taking a somewhat different view which are equally binding on me, he urged that the decision in Archana Ghosh being the latest decision on the point, I ought to follow it.