TAPAN KUMAR BAIRAGYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE Court: This writ petition dated Deqember 22nd, 2006 has been taken out by three persons. They alleged that though in terms of order of this Court dated July 14th, 1997 made in CO No. 15058 (W) of 1993 (Nemai Chandra Pan and Ors. v. State of West Bengal and Ors.), they were entitled to participate in the selection process initiated by the authorities of Nadanghat Rampuria High School, Burdwan, the authorities of the institute and the School Service Commission did not permit them to participate in the selection process initiated for appointing members of the teaching staff in the institute.

(2.) THE order dated July 14th, 1997 made in the petitioners' previous writ petition is set out below:

(3.) THE short question for decision is whether at the date the petitioners took out this writ petition they were entitled to participate in the selection process sought to be initiated by the school service commission for selecting and recommending candidates for appointment as teacher in the institute that had sent the requisite vacancy report to the commission through the district inspector of schools concerned. In ternis of the provisions of the West Bengal School service Commission Act, 1997 the institute was under the statutory obligation to send the vacancy report through the district inspector of schools and the commission was empowered to select and recommend candidates for appointment as teacher in the institute. The provisions of the statute cast an obligation on the institute to appoint teachers only by giving appointment to the persons selected and recommended by the school service commission. The school service commission on receipt of the vacancy report published advertisement inviting applications from eligible candidates, and hence if the petitioners or any one of them was eligible, he was free to apply for taking the test. The petitioners, however, claim that even if not eligible they were entitled to participate in the selection process in view of the order dated july 14th 1997.