SHYAMAL SEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ application is directed against an order passed by the respondent No. 2 under Memo No. 961-GA/4G-53/2007, dated April 13, 2012. By virtue of the impugned order/the respondent No. 2 rejected the proposal for approval of the panel prepared for appointment of a librarian and a clerk in Vidyashram Divyajyoti Vidyaniketan High School (XII), P.O. Vidyashram, District Jalpaiguri.

(2.) Having heard the learned counsel appearing for the respective parties as also after considering the facts and circumstances, I find that the only ground to reject the above proposal was submission of the panel beyond the period prescribed in clause (c) of sub-rule (7) of rule 8 of the Recruitment Rules for appointment of West Bengal Schools (Recruitment of Non-teaching Staff) Rules, 2005. For adjudication of the issue involved in this writ application, the above provision is set put below:-

(3.) After perusing the aforesaid provision, I find that in the event this provision is interpreted as mandatory under the provisions of the Recruitment Rules under reference, the intention of the framers of the above Rules may be frustrated at the instance of the Managing Committee by sending the panel prepared for recruitment of non-teaching staff to the State authority after expiry of the period mentioned in the aforesaid Rules. On the other hand if it is interpreted as directory, the ulterior motive of the school authority may be served in an appropriate case by not forwarding the panel to the State authority for uncertain period.