PRASENJIT SENGUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) -In the writ petition question arises for determination is whether the provisions of Rule 4(e) of the Recruitment Rules Providing Procedure for Recruitment of Teaching and Non-teaching staffs of Secondary Schools as framed by the Director of School will have application upon the enforcement of the West Bengal School Service Commission Act,1997 (hereafter called as the Act of 1997).

(2.) The West Bengal Board of Secondary Education Act, 1963 (hereinafter called as Act of 1963) Empowered the State Government to make rules for carrying out the purpose of the said Act. In particular Clause (d) of sub-section (2) of section 45 of the Act of 1963 provided for making rules by the State Government in the matter of composition, Powers and functions of Managing Committees of Institutions. In exercise of such power under section 45 of the said Act of 1963 the State Government framed Management of Recognised Non-government Institution (Aided and Unaided) Rules, 1969 (hereinafter called as the Management Rules). The said Management Rules conferred power upon the managing committee of an aided Institution to appoint teachers and other employees on permanent basis against permanent vacancies if available within the sanctioned strength of teachers and other employees subject to the provisions of any grant in aid scheme or any revision scheme or any order or direction or guidelines issued by the State Government or the Director in connection therewith. In particular the Rule 28 of the said Management Rules before it's substitution read as under:- Power of Committee- (1) In an aided institution the Committee shall, subject to the provisions of any Grant-in-aid Scheme or Pay Revision Scheme or any order or direction or guidelines issued by the State Government or the Director in connection therewith and in force for the time being, have the power- Old. (1) to appoint teachers and other employees on permanent basis against permanent vacancies, If available, within the sanctioned strength of teachers and other employees, approval for such appointment being thereafter sought for from the director or any other officer authorises by him, ordinarily within a fortnight from the date of decision of the committee; (ii) to appoint teachers and other employees on temporary basis against permanent or temporary vacancies, if available, within the sanctioned strength of teachers and other employees, approval for such appointment being thereafter sought for from the Director or any other officer authorised by him, ordinarily within a week from the date of decision of the Committee;

(3.) The director of School Education in exercise of such power as conferred by sub-rule (1) of Rule 28 issued directions prescribing Procedure for recruitment of teaching and non-teaching staffs of secondary School including Madrasaha ( hereinafter referred to as the Recruitment Rules for convenience).