ABDUL LATIF Vs. SONTOSH KR. BANERJEE

JUDGEMENT

(1.) The State respondents including the alleged contemnor [in WPCRC 36 of 2013 (CPAN 409 of 2012)] being the District Inspector of Schools (S.E.), Birbhum seek recalling of a judgment and order dtd. 24/12/2010 passed by a learned Judge, as His Lordship then was, in WP 15518 (W) of 2003 by which the District Inspector of Schools (S.E.) was directed to approve the appointment of the petitioner as an Assistant Teacher in the concerned school.

(2.) The basis of the direction passed on the District Inspector of Schools (S.E)/alleged contemnor was that the petitioner had been serving the institution since 1996 as Assistant Teacher and the appointment should hence be recognised. The learned Judge relied on U.P State Electricity Board vs. Pooran Chandra Pandey; (2007) 11 SCC 92. The petitioner thereafter filed a contempt application being CPAN 409 of 2012 for deliberate violation of the judgment and order by the alleged contemnor. The State respondents filed an application for recalling in 2013 being CAN 8069 of 2013.

(3.) The main ground for recalling the judgment dtd. 24/12/2010 is that Pooran Chandra Pandey has ceased to be good law and hence the learned Judge could not have passed the direction relying on the said decision. Learned counsel appearing for the State respondents who seeks recalling of the Judgment of 24/12/2010 relies on several decisions to show that the respondents do not have the power to approve the appointment since the applicant does not have the requisite qualification. Counsel further refers to the staff pattern of the concerned school and submits that the impugned judgment did not address this point before directing appointment of the petitioner. Counsel further relies on the Rules for Management of recognised non-Government Educational institutions (aided and non-aided) Rules, 1969 under which no appointment can be made without the prior approval of the director or authorised Officer of the State Government. Counsel relies on a Government Memo dtd. 17/5/1976 read with the Government Order dtd. 8/7/1974 and 15/3/1989 which stipulates that a teacher must have the requisite qualifications for appointment. It is further submitted that the disobedience was a result of the compelling fact of Pooran Chandra Pandey being reversed.