(1.) This writ application is filed by the petitioner for regularisation of his engagement in Shyamaprosad Nagar High School (Higher Secondary), P.O. Nimta, Kolkata in the post of non-teaching staff (group-D). The petitioner was engaged in the post of non-teaching staff (group-D) on the basis of resolution adopted in the meeting of the managing committee in the school under reference on August 19, 2008.
(2.) After considering the facts and circumstances of this case I find that the procedure for appointment of non-teaching staff of a nongovernment aided school was guided by the provisions of Rule 28(1)(ii) of the Management Rules, 1969. Under the above provisions prior approval of the District Inspector of Schools concerned was necessary for initiating selection process against an approved vacancy.
(3.) The law is well settled as decided in the matter of Dr. Arundhati Ajit Pargaonkar v. Union of India & Ors., 1995 AIR(SC) 962 And the relevant portions of the above decision are set out below: "Since the Government has been treating the Class II post in purview of Public Service Commission and these posts were not included in the notification issued on 8th October, 1965 by the State Government the Tribunal did not commit any error in recording the finding that the post of Lecturer in Dentistry in the State of Maharashtra even in 1978 was within purview of the Public Service Commission.