BANDANA GHOSH SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the instant case, it is the grievance of the petitioner that the post of Headmistress which fell vacant prior to the coming into effect of the West Bengal School Service Commission Act, was duly notified to the.concerned District Inspector of Schools for according necessary permission in terms of the recruitment rules issued by the Director of School Education on exercise of his power under Rule 28 of the Management of Recognised Non-Government Institutions (Aided and Unaided) Rules, 1969 (hereinafter for brevity referred to as the Management Rules 1969), but the District Inspector of Schools concerned kept mum overthe issue and thereby has infringed the right of the petitioner for consideration in the post.

(2.) Under said Rule 28, the Director of School Education, West Bengal was empowered to issue recruitment rules and following that, recruitment rule was issued by him vide Memo No.2066-G.A. dated 27.10.1995, effective from 1.12. 95, which was superseded and cancelled in view of subsequent amendment of Rule 28 of the Management Rules, 1969 with effect from 20.8.1991, which provides, inter alia, that without any recommendation of the School Service Commission in terms of.the West Bengal School Service Commission Act, no Managing Committee would be entitled to give any appointment in any teaching and non-teaching post, including the post of Headmaster and Headmistress. The relevant amended rule provides to this effect:-

(3.) West Bengal School Service Commission Act came into effect from 1.11.97 and Section 9 of the said Act provides that all appointment of teaching and non-teaching staff of the secondary and higher secondary schools would be controlled and managed by the School Service Commission by inviting applications from the eligible candidates. Post of Headmaster or Headmistress is also falling under the said category, and accordingly School Service Commission got the right to select candidates in view of coming into effect of the School Service Commission Act, and the relevant provision of Section 9 read with the amended provision of Rule 28. Hence, there was no scope for giving any effect to the recruitment rule issued by the Director of School Education as was existing prior to the coming into effect of the West Bengal School Service Commission Act. Section 9 of the said Act reads thus :-