MD AINUL HAQUE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the learned single Judge dated 22nd June, 2005 whereby the writ petition was dismissed. The short fact of this appeal is narrated hereunder:

(2.) Challenging the said judgment and order the present appeal is filed and the learned lawyer for the appellant submits that the learned Trial Judge has committed grave error on fact as well as in law observing that appellants were not the organizing teacher in the upgraded section. According to him, Justice Sinha has already recorded the fact that appellants have been working in the upgraded section long before up gradation was done by the West Bengal Board of Secondary Education. Therefore, there is no warrant to hold that appointments were not made in accordance with law. Justice Sinha had been pleased to observe that provision of School Service Commission would not be applicable only requirement is that their appointments should be approved with the date of up gradation.

(3.) Mr. Syamal Sanyal, learned counsel, appearing for the State contends that judgment and order of the learned trial Judge is just and proper and from the narration of the fact made by D.I, it is shown that at the time of inspection of District Level Inspection Team, they were not to be found on the date. As such, their names were not to be found in the report of District Level Inspection Team. Accordingly, approval to the appointment would not be made.