SECRETARY MANAGING VOMMITTEE DAYERBAZAR VIDYAMANDIR Vs. MADHUSUDAN SAMADDER

JUDGEMENT

(1.) This appeal is directed against the order passed by the learned Single Judge of this Court whereby and whereunder the said learned Single Judge directed the Managing Committee of the concerned school to forthwith approach the West Bengal School Service Commission for filling up the post of Headmaster without allowing the said Managing Committee to fill up the said post under the provisions of the previous Recruitment Rules which were in vogue before coming into force of the School Service Commission Act, 1997 and rules framed thereunder.

(2.) It appears from the available records that after the retirement of the then head of the institution, post of headmaster of the Dayerbazar Vidyamandir in the district of Nadia fell vacant since 1st of December, 1993. The District Inspector of Schools, (SE), Nadia by the Memo bearing No. 642/Gen/SE dated 25th May, 1994 accorded prior permission for filling up the said vacant post of headmaster in the concerned school.

(3.) On receipt of the aforesaid prior permission dated 25th May, 1994, the school authority made a requisition to the local Employment Exchange for sponsoring the names of the eligible candidates in order to fill up the said vacant post of headmaster and the concerned Employment Exchange sponsored the names of 18 eligible candidates in response to the said request. The said school authority also issued an advertisement in the daily newspaper inviting applications from eligible candidates and as a matter of fact, 11 eligible candidates including the existing Assistant Teachers of the said school with 10 years teaching experience submitted applications in response to the said advertisement. The school authority thereafter constituted a Selection Committee as per the Recruitment Rules prevailing at the point of time and issued interview letters to all the 29 candidates directing them to appear before the Selection Committee on 25th September, 1995.