NABINANDA GOSWAMI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners assail the order dated 8 April, 2008 passed by the Director of School Education West Bengal.

(2.) The petitioners contend that they are the teaching and non-teaching staff of Vivekananda Smriti Mandir and this school has been managed by an "Organizing Managing Committee" since 1971. On 30.11.2006, the school was granted first recognition by the Board of Secondary Education as a class IV (4) Junior High School. In an earlier writ petition (WP 20033 of 2007), this Court had directed the Director of School Education (the respondent no.2) to consider the prayer of the petitioners for approval of their appointments to the staff of the School by the Organizing Managing Committee. It is further alleged the petitioners that they have been working for a long time and that they all have been lawfully appointed according to the then prevailing Recruitment Rules.

(3.) Counsel on behalf of the respondents support the impugned order and submitted that the same does not warrant any interference whatsoever. He placed strong reliance on Section 9(1) and 9(2) of the West Bengal School Service Commission Act, 1997. He further placed reliance on an unreported decision of the Hon'ble Division Bench of this Court dated 6th July, 2018 passed in MAT 1626 of 2017 (The District Inspector of School, Burdwan vs. Abdul Barik Sk. and Ors.). He submits that the appointment of the petitioners by the Organizing Committee was without authority of law and without any executive instructions. He submitted that the State cannot approve illegal appointments contrary to extant rules.