RITUPARNA GARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The school namely, 'Narayanpur Mission Girls' School [HS]', is a Christian Minority Institution, protected under the Article 30 of the Constitution of India and guided and regulated by the Special Rules of 1974. The writ petitioner has been appointed therein, as an Assistant Teacher of the subject Physics, vide appointment letter dated February 9, 2016. She has joined in service on and from February 15, 2016 and has been working since thereafter continuously and uninterruptedly. She is aggrieved due to her service not being approved till date by the respondent authorities and in particular with regard to the order of the District Inspector of Schools (Secondary Education) Birbhum [in short "the DI"], dated June 17, 2019, by dint of which the DI has rejected her prayer for approval in the service. Hence, she has filed the instant writ petition to seek appropriate relief.

(2.) According to the writ petitioner, she had responded to an advertisement published in the newspaper on January 26, 2015 [The Statesman] and was called for the interview to be held on December 16, 2015. Later she has been granted appointment letter dated February 9, 2016 and ultimately, she has joined in service with effect from February 15, 2016. The post she has joined and working in since then has been sanctioned on an earlier date, vide order of the Commissioner of School Education, Government of West Bengal dated June 26, 2012. The respondent/DI has granted prior permission for recruitment in the said sanctioned post, vide his order dated December 17, 2014. Hence, according to the writ petitioner there is no infirmity, irregularity and/or illegality in the entire process of her appointment and she is entitled to be approved in her service, which allegedly has been unauthorisedly and illegally denied to her.

(3.) Mr. Rajendra Banerjee who has represented the writ petitioner in this case has mentioned about an order of this Court dated January 21, 2019, passed in the first writ petition filed by the present petitioner being W.P.No. 15852 (w) of 2016. In the same the Court has directed for payment of salary to the petitioner for the period from February 2016 to January 21, 2019 and also for consideration of the petitioner's prayer for approval of service. It has been submitted that the petitioner was appointed in a post sanctioned vide order of Commissioner of School Education, Government of West Bengal dated June 26, 2012. It has been submitted further that though prior sanction of the respondent was not imperative for the said Minority Institution to initiate and conduct a process of recruitment for appointment in the said post, the same was sought for and granted vide the order of the respondent/DI dated December 17, 2014. That the process started with an open advertisement in the newspaper and was followed by an interview. The writ petitioner having succeeded therein, was appointed as the Assistant Teacher of the school and joined in service on and from February 15, 2016. According to Mr. Banerjee, the grounds taken by the respondent/DI are not sustainable, given no illegality or impropriety in the entire process of recruitment of the writ petitioner. He submits that the impugned order may be set aside and the petitioner's service may be approved.