SOUMEN MONDAL Vs. STATE

JUDGEMENT

(1.) Let the affidavit of service be kept on record. This writ application is directed against an order dated April 12, 2013 passed by the respondent No. 3. By virtue of the order impugned, the respondent No. 3 rejected the panel prepared by the Nityanandapur High School, District Bankura for the post of non-teaching staff (Clerk) under Scheduled Caste category. For proper adjudication of the decision making process of the respondent No. 3 in passing the impugned order, the ground referred to the above order is quoted below:

(2.) So far as the first ground is concerned, the preparation of a panel for appointment of a non-teaching staff in a Non Government Aided Educational Institution is governed by the provisions of Recruitment of Non Teaching Staff Rules, 2005. For proper adjudication of the issue involved in this matter, the provisions of Clauses (a) and (b) of sub-rule 7 of Rule 9 are relevant and those provisions are quoted below:

(3.) In view of the above provisions, the school was under obligation to send the panel prepared for the approval of the respondent No. 3 within 15 days from the date of interview but the same was sent beyond the above period. After perusing the above provisions of the West Bengal School Recruitment of Non Teaching Staff Rules, 2005, I find that it is a procedural law. In the event, it is interpreted as a mandatory provisions then the eligible candidate whose names appeared in the panel may be prejudiced due to whims and caprice on the part of the managing committee of the concerned school by sending the panel beyond the above period. On the other hand, if it is interpreted as directory provisions, in that event, the managing committee of the concerned school may withhold the panel for an indefinite period and the consequence will be uncertainty of the fate of the selected, candidates. Therefore, the intention of the framer of the rule was that the above provision is mandatory for its substantial compliance and directory so far as its strict compliance is concern.