SUDAM CHANDRA ADHIKARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE writ petitioner is an approved Assistant Teacher in language group of Deucha Gourangini High School (Higher Secondary) and his appointment was approved on 3rd April, 1990 by the concerned District Inspector of School (S.E.), Birbhum -respondent no.3. It is submitted by the learned Counsel for the petitioner that after he was appointed in the said post he improved his qualification by obtaining B -Ed degree from the Calcutta University and also Ph.D in Bengali from the North Bengal University. It is further submitted in the meantime, students' roll strength in the school gradually increased requiring service of an Assistant Headmaster. When in November, 1992 the Managing Committee of the School moved the District Inspector of School, Secondary Education, Birbhum, the respondent no. 3 for sanctioning a post of Assistant Headmaster. Since no action was taken the respondent no. 3 was again moved in February, 1998. Thereafter, the respondent no. 3 took an inspection and after being fully satisfied about the bona fide of such requirement submitted his report to the respondent no. 2, Director of School Education for his approval but no decision has yet been taken by the said respondent. It is further submitted subsequently in September, 1998 the Managing Committee of the School appointed the petitioner as a temporary Assistant Headmaster of the School as he fulfilled all the requisite qualification. Since then the petitioner is performing the duty of Assistant Headmaster both as a teacher and in administrative capacity. Again in January, 2003 the respondent no. 2 was moved seeking sanction for a post of Assistant Headmaster and also for regularizing the petitioner's appointment in the said post by the school authority but till date there is no response. In the meantime, the petitioner on June 18, 2009 has also made a representation to the respondent authorities for sanctioning the post of Assistant Headmaster and for regularizing his appointment in the said post.

(2.) IN this regard my attention has been drawn to a Government circular issued by the Department of School Education, Secondary Branch, Government of West Bengal, vide its notification No. 785 -SE (S), Calcutta dated 9th November, 1994 and with reference to the same, it is submitted that in terms of the said notification regularisation of appointment of an approved Assistant Teacher in the post of Assistant Headmaster is permissible even with an ex -post facto approval and the petitioner is entitled to be regularised in the said post as all the requisite conditions are fulfilled and he serving in the said post for considerable period.

(3.) ON the other hand, the learned Counsel for the State has not disputed the above contention of the learned Counsel for the petitioner and submitted that the respondent no. 2 be directed to consider the petitioner's case in accordance with law.