KUSHADWAJ MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE four petitioners are aggrieved by the decision of the District Inspector of Schools (SE), Paschim Medinipur dated August 5,2004 that appointments given to them by the School Committee of Bhuta D. A. V. High School, P. O. Bhuta, District Paschim Medinipur School not be approved, since the School committee appointed them as teachers in the school without following the recruitment rules. That the four petitioners were appointed by the School committee of the School on August 16, 1999, January 3, 2000, November 8, 2002 and November 11, 2002 respectively is not disputed.

(2.) IN exercise of powers conferred by the provisions in Section 45 of the West Rengal Board of Secondary Education Act, 1963 the State government made the Management of Recognized Non-Government institutions (Aided and Unaided) Rules, 1969. While Rule 28 thereof provided that subject to the provisions in any grant in aid scheme or pay revision scheme or any order or direction or guidelines issued by the State Government or the director in connection therewith and in force for the time being, the committee of an aided institution would possess the power, inter alia, to appoint the members of teaching and non-teaching staff in the institution, the provisions in Rule 33 provided that nothing contained in those rules would affected the power of the State Government to frame, on the application of any institution or class of institutions to which the provisions of Article 26 or article 30 of the Constitution of India might apply, further or other rules for the composition, powers, functions of the managing committee or committees of such institution or class of institutions.

(3.) IN exercise of powers conferred by that Rule 33 of the 1969 rules the State Government made the "special Rules" for the management of secondary Schools established and run by Arya Samaj and/or Gurukul vidyalaya Trust, under the aegis of Arya Pratinidhi Sabha of the State (Representative Body of Arya Samajes in the State), and those rules, notified by Notification No. 404-Edn. (S) dated March 19,1973, were applicable to the institute in which the four petitioners were appointed. In terms of provisions in Rule 7 of those special rules the school committee was empowered to appoint the petitioners observing the rules laid down by the state Government for the purpose, since the appointments were made to posts, salaries including allowances of which were to be paid wholly out of government grants.