LAKSHMI NARAYAN SARANGI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Short but important question involved in this writ petition is related to the interpretation of Rule 14(b) of the Rules regulating the recruitment and leave of Teachers in Primary Schools in West Bengal (hereinafter referred to as Rule, 1991).

(2.) The said Rules 1991 were framed by the State Government in exercise of power conferred under sub section (1) of section 106 of the West Bengal Primary Education Act, 1973 for the purposes of prescribing conditions for appointment of teachers and other staffs in primary schools and for other allied matters as mentioned in Clause (k) of sub-section (1) of section 60 of the said Act. Therefore, the aforesaid Rules, 1991 have the force of law as the same were framed in due observance of the procedures prescribed under section 106 of the said Act.

(3.) The Rule 14(b) of the said Rules, 1991 which is the particular rule for the present purpose reads as under:-