BHUDEB CHANDRA DEY Vs. DISTRICT INSEPECTOR OF SCHOOL

JUDGEMENT

(1.) THE petitioner in this writ petition dated september 13, 2006 is aggrieved by the decision of the District Inspector of Schools (S. E.), Hooghly dated January 16, 2006, the relevant portion whereof is : "it appears that the petitioner was initially appointed as part time teacher since 04. 2. 69 so his approval accorded since 1. 3. 80 is rightly done by the then District Inspector of Schools (SE); Hooghly vide memo No. 10609/jh-21 dated 6. 12. 82 after creation of the post in 4-Class junior High School in view of the letter issued by the then District inspector of Schools (SE) Hooghly vide Memo No. 102 (S) dated 7. 3. 80 as there was no permanent post at the material point of time. "

(2.) AFTER sanctioning the setting up of senior basic schools for imparting education to the children in classes VI-VIII at the basic pattern, the Director of Public Instruction, West Bengal issued an order no. 472 dated June 24, 1963 giving the instructions to be followed for proper functioning of the schools. It was mentioned that there would be two craft teachers in schools with classes VI-VIII. The craft teachers were to be appointed on part-time basis at a fixed pay of Rs. 60/- per month. It was ordered that the district inspectors of schools would approve the appointment, and that a school (new or converted) would not be regarded as a senior basic school unless the qualified craft teachers were appointed. Then under his memo No. 3245 dated July 1, 1965 the director issued the guiding principles of running senior basic schools and senior basic sections of the complete basic schools. The principles were revised in 1967. The mandatory requirement of keeping two craft teachers by a senior basic school with classes VI-VIII was reiterated with the addition that after the appointment of the staff in the senior basic school within a week the papers including attested copies of certificates, a resolution of the managing committee, etc. in the prescribed manner should be submitted to the director for obtaining approval. It was reiterated in the memo that a school (new or converted) should not be regarded as a senior basic school unless qualified craft instructors were appointed.

(3.) AT the material point of time present-day Sahaganj Rashbehari sakti Samity High School in Hooghly was a senior basic school with classes VI-VIII. In compliance with the orders of the authority obliging the school to appoint craft teachers, the authority of that institute initiated a recruitment process, and in that the petitioner successfully participated. By a letter dated February 1, 1969 the authority of that institute appointed him as a craft teacher (part-time) subject to the approval of the district inspector of schools. He was appointed with effect from February 4, 1969. He was to get pay according to scale approved by the government. A copy of that appointment letter dated February 1, 1969 was sent to the District Inspector of Schools, Hooghly. It is nobody's case that the petitioner's appointment as craft teacher in the institute was not approved by the competent authority. In the absence of any case that his appointment as craft teacher was not approved, it is to be presumed that his appointment was approved, because not only he continued to receive pay at the scale approved by the government, but he also remained in service till he was made a whole-time teacher in the following facts and circumstances.