NIRANJAN SAHOO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Under the Management of Recognized Non-government Institutions (Aided and Unaided) Rules, 1969, on the existence of a vacancy in an aided or unaided recognised school, its Managing Committee had the power of conducting a recruitment process for appointment of assistant teachers and non-teaching staff. Their selection was subject to the approval of the District Inspector of Schools.

(2.) A lot of malpractice was reported in this recruitment process. There were allegations of nepotism, favouritism and corruption. The government wanted to take control of the situation by regulating the appointments through a statutory procedure. It enacted the West Bengal Service Commission Act, 1997. Under it, all appointments to aided schools were regulated by the West Bengal Regional School Services Commission through a competitive examination process. The material Sec. of the said Act relating to recruitment are as follows:-

(3.) Mamadpur Gobinda Smriti Siksha Niketan is located in the Tamluk Police Station area in Purba Medinipur. It was established about 50 years ago in a densely populated area with a sizable number of backward class people. For quite a few years it functioned as an unrecognized school. Gradually, its popularity and importance grew in the area. Further to a resolution dtd. 15/12/1978 of the Managing Committee of the school, on 21/12/1978, the school issued to the appellant No. 1, a letter of appointment appointing him as an assistant teacher of the school. He started teaching from 2/1/1979. Another resolution of this Committee led to the appointment of the appellant No. 2 in the same post with effect from 16/4/1989. The appellants say that they have continuously taught in the school from the date of their joining. In support of it they have appended some attendance sheets. Gradually the school was upgraded and on 9/11/1981 with effect from 1/1/1980 the school was recognized as a junior high school. Classes IX and X were started as the unrecognized Sec. . The Committee applied for recognition of the unrecognised Classes IX and X of the school. For this purpose, the District Inspector of Schools, Midnapore had caused inspection of the school and its activities on 18/10/1985, 16/5/1992 and 3/5/2000 by the District level inspection team. The appellants assert that during these inspection drives, they were found to be serving the unrecognized IX and X Sec. of the school as organizer teachers. According to the report of the District Level Inspection team dtd. 16/5/1992, there were 28 students in Class IX and 27 in Class X, comprising of 11 boys and 7 girls in Class IX and 15 boys and 12 girls in Class X.