OM PRAKASH MISHRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The subject-matter of challenge is the impugned order passed by the District Inspector of Schools (Secondary Education), Kolkata dated 19th August, 2009 refusing approval of the petitioner's appointment as Assistant Teacher in Gyan Bharati Vidyapith. Mr. Sanyal, Learned Counsel appearing for the writ petitioner, submits that the respondent-school is a D.A. getting school. The provisions of School Service Commission do not apply in case of appointment of teaching and Non-teaching Staff of the school. However, through the proper selection process the school selected the writ petitioner as an Assistant Teacher in Language Group in the school and the writ petitioner having been selected joined the school on and from 10th December, 2001. The petitioner's appointment was confirmed with effect form 1st April, 2005. Although the School Authorities sent relevant papers before the concerned D.I. for approval, the concerned D.I. did not grant approval. The writ petitioner moved this Hon'ble Court against such inaction on the part of the D.I. This Hon'ble Court directed the concerned D.I. to consider and dispose of the representation of the School Authority and further directed to take into consideration the prayer for condonation of age bar as made by the writ petitioner in the said writ petition. In view of the said order of the Hon'ble Court dated 19th November, 2008, the D.I. heard the matter and passed the impugned order dated 19th August, 2009 refusing approval on the ground that the writ petitioner is little over-aged and that he was about 44 years 9 months which, according to the D.I., is contrary to the provisions as laid down in G.O. No. 1691-SB(S) dated 20th September, 2001 and it was held by the D.I. that since the writ petitioner could not produce any relevant order as regards condonation his age from Court, as such the age bar in the instant case could not be considered. Mr. Sanyal submits that this point was decided long back by a learned Single Judge of this Hon'ble Court on 2nd April, 2003, in W.P. No. 7498(W) of 2002. In that decision, the learned Single Judge following the Hon'ble Apex Court decision held that a human approach should be taken in all deserving cases when no prejudice had been caused either to the institution or the students or the State by reason of giving such appointment to an over-aged but well-qualified person. Mr. Sanyal submits that the impugned order passed by the District Inspector of Schools (SE), Kolkata, is not at all sustainable.

(2.) In spite of notice nobody is appearing for the respondents-authorities nor any opposition filed nor any accommodation was prayed for.

(3.) Heard Mr. Sanyal. It appears that the petitioner is a well-qualified person having Master Degree, that is M.A., B.Ed., and he passed through a selection process duly held by the school and he was given appointment. He joined the school on 10th December, 2001. His papers were sent by the school for approval, but the approval was not granted. The writ petitioner moved this Hon'ble Court and this Hon'ble Court passed the following order: