(1.) LET affidavit of service filed today be kept on record. This writ application is filed by the writ petitioner for a direction upon the respondent authorities to approve the appointment of the petitioner in the post of assistant teacher in Physical Education of Bagrakote Higher Secondary School, District Darjeeling. Having heard the learned Counsel appearing for the parties as also after considering the facts and circumstances of this case, I find that the petitioner submitted his application for appointment in the post under reference on the occasion of retirement of one Sri Aswini Kumar Das. The Managing Committee of the above school adopted a resolution dated December 16, 2009 for appointment of the petitioner in the post under reference as volunteer teacher. For proper adjudication of this case the above resolution is quoted below :-
(2.) CHAIRMAN of the meeting. " After perusing the above resolution, I find that simply on the basis of an application the petitioner was appointed as volunteer teacher of the school under reference.
(3.) THE law is well-settled now by the Hon 'ble Supreme Court in the case of Secretary, State of Karnataka Vs. Uma Devi (3), reported in 2006(4) S.C.C. 1 and the relevant portions of the above decision are set out below:-