STATE OF WEST BENGAL Vs. PAPIA PRODHAN

JUDGEMENT

(1.) OURS is a court of record. We must set our record in order. We must rectify mistake, if any, committed by us. If we find any wrong order passed by us in any co-lateral proceeding touching subject matter of the present appeal, we must find out ways and means to correct it and set our record right.

(2.) KESHABPUR Jalpai Gadadhar Jogendra Milan Vidyapith in the District of Purba Midnapore was recognized by the West Bengal Board of Secondary Education in 1963 as II Class Junior School and in 1965 as IV Class Junior School. In 1986 the Board upgraded the School permitting them to commence Class IX and X with effect from January 1986 and January 1987 respectively. The School had enough strength to get appropriate sanctioned posts consequent upon recognition. The School in fact filed a writ petition being WP 5244(W) of 1997, inter alia, alleging inaction on the part of the authorities for non-consideration of the prayer for increas of the teaching and non-teaching staff strength in the School. The learned Single Judge directed the authority to consider the representation. The School was not happy. They preferred an appeal. The Division Bench vide order dated May 21, 1997 appearing at pages 74-76 of the paper book asked the concerned District Inspector of Schools to cause an enquiry to find out staff-student ratio and correspondingly recommend for increase of staff strength. We are told that as per direction of the District Inspector of Schools, the Assistant District Inspector of Schools caused an enquiry. While he was conducting his visit, he found twenty-four teaching and non-teaching staff unapproved. Out of them, six were absent, when he visited the school and others were found present. The District Inspector of School sent the report to the Director of School Education for consideration in terms of the order of the Division Bench. This was done in 1998. On perusal of the purported letters of appointment annexed to the paper book, we find that the respondents being twenty-four in number were appointed on various dates by one Chittaranjan Maity during the period from 1986 to 1991. The said Chittaranjan Maity was the Headmaster and Secretary of the school, who retired in May, 2003. Pertinent to note, original or xerox copies of the letters of appointment were not shown to us, in the paper book typed copies were available, wherefrom the signature could not be verified.

(3.) THE school authority did not however, file any appeal. Two members of the managing committee filed an appeal before the Division Bench being Appeal no. MAT 721 of 2004. THE Division Bench vide order dated April 5, 2004 dismissed the application for leave to appeal by observing that neither the managing committee nor the school filed appeal against the impugned order. THE State filed the instant appeal on December 16, 2004, when the Division Bench condoned five years delay and expedited the hearing of the appeal. THE appeal has now come up for hearing before us. We have heard the parties at length on the last occasion as well as today.