STATE OF WEST BENGAL Vs. SMRITIKANA MAITY

JUDGEMENT

(1.) THESE two appeals being FMA No. 94 of 2006 and MAT No. 428 of 2007 are taken up analogously for disposal as the same point of law is involved in these two appeals. FMA No. 94 of 2006 (State of West bengal and Ors. vs. Smritikana Maity and Ors.) is preferred against the judgment dated 4. 10. 2004 in W. P. No. 17266 (W) of 2002 passed by the learned Single judge and in MAT No. 428 of 2007 (State of West Bengal and Ors. vs. Harendranath mondal and Ors.) the subject-matter of challenge is the judgment dated 22. 12. 2003 passed by the learned Single Judge in W. P. No. 20315 (W) of 2003. In both the cases, the learned Single Judge directed the District Inspector of Schools to regularize the services of the writ petitioners by approving their respective services as organizing staffs of Classes IX and X of the concerned schools.

(2.) IN both the appeals, this Court is required to decide the legality and/or validity of the claim for regularization of organizing staff of the upgraded sections [classes IX and X] of the respective schools, who initially entered into services after 10. 03. 1979 in the unrecognized Classes IX and X of a Non-Government aided Educational Institution.

(3.) BEFORE entering into the merit of the case, it will be convenient to discuss about the factual background of the case in FMA No. 94 of 2006 Dahalauda barada Sundari Girls' High School in the district of Purba Medinipur, originally a Junior Girls' High School, was recognized as Junior High School. Since the said school was not getting upgradation order for Class X High School from the west Bengal Board of Secondary Education, the managing committee of the said school preferred a writ petition being W. P. No. 3780 (W) of 1999. A mandatory order was passed by this Court directing the West Bengal Board of secondary Education to upgrade the school and such order was passed on 4. 1. 2000. An appeal was preferred against the said order, which was dismissed. After dismissal of the said appeal, the West Bengal Board of Secondary education issued an order of recognition as class-X Girls' High School. Such recognition was given on 29. 11. 2000. Thereafter the managing committee of the school made repeated prayers to the concerned authorities praying for approval of the writ petitioners, who are the respondents in the present appeal. On 22. 08. 2001 the District Inspector of Schools (S. E.), Purba Medinipur passed an order refusing approval in favour of the writ petitioners. The decision of the district Inspector of Schools was challenged in another writ application being w. P. No. 13169 (W) of 2001. In the said writ application, the learned Single judge directed that there would be an inspection by the District Level Inspection team and after such inspection the report would be submitted before the director of School Education and the said authority would decide the question of approval in terms of the said order, there was an inspection on 9. 1. 2002. The director of School Education took up the matter for consideration and by his order dated 8. 11. 2002 held that the writ petitioners could not be given approval of their appointments on the grounds - (i) the school in question, particularly classes IX and X, are coaching classes and (ii) the West Bengal School Service commission Act, 1997 already came into force with effect from 1. 11. 1997 and, therefore, the services of the writ petitioners could not be approved.