MITHUS BASU (KURMI) Vs. SHYAMLI BHATTACHARJEE & ORS

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 4th May, 2001 passed by the learned Single Judge in the writ petition being C.O. No. 5240 (W) of 1992 whereby the said learned Single Judge directed for approval of the appointment of the respondent No. 1 /writ petitioner with effect from 3rd Jan., 1990 and also set aside the approval of appointment of the appellant herein.

(2.) It has been urged on behalf of the appellant that the validity and/ or legality of the approval of appointment of the appellant was never an issue in the writ petition filed by the respondent No. 1 herein although the learned Single Judge while deciding the said writ petition finally issued specific direction for setting aside the approval of the appointment of the appellant herein. It has been submitted on behalf of the appellant that the learned Single Judge did not appreciate the relevant circulars and/or orders issued by the Govt. of West Bengal regarding appointment of organiser teachers and non-teaching staff in secondary schools in an appropriate manner while deciding the writ petition filed by the respondent No. 1 herein.

(3.) Undisputedly, the school was recognised by the West Bengal Board of Secondary Education by Memo dated 29th Dec., 1986 and pursuant to such recognition, Director of School Education, West Bengal by the Memo dated 3rd Nov., 1988 accorded approval to teaching and non-teaching staff of the concerned school wherein it has been specifically mentioned that the sixth post should remain vacant and should be filled up by a B.Sc. (Bio) teacher as per existing rules. The said order of approval issued by the Director of School Education, West Bengal by Memo dated 3rd Nov., 1988 is quoted hereunder :