CHAIRMAN ADHOC COMMITTEE Vs. NAGENDRA PRASAD SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 3rd May, 2000 passed by the learned Single Judge whereby and whereunder the said learned Single Judge directed the concerned authority to regularise and approve the service of the writ petitioner against the regular vacancy from the date of his joining as the Assistant Teacher in the concerned school.

(2.) It has been urged on behalf of the appellant that the appointment of the writ petitioner is illegal and in clear violation of the rules for appointment. It has also been alleged on behalf of the appellant that the writ petitioner was appointed as an Additional Teacher of the concerned school by the Managing Committee without having the requisite qualification for such appointment and without obtaining prior permission from the competent authority as required under the law. It has been specifically submitted on behalf of the appellant that at the time of appointment in the school, the said writ petitioner had no requisite qualification of training as required pursuant to the Government Notification dated 21" January, 1974. It has been categorically submitted on behalf of the appellant that the school authority appointed the writ petitioner/respondent in clear violation of the Government Order No. 1614-Edn (P) dated 8/11/1974 as well as the subsequent Government Order No. 173-Edn (P) dated 31/1/1974.

(3.) Mr. Tulsidas Maity, learned Counsel representing the appellant specifically urged before this Court that although the writ petitioner was appointed as an additional teacher but no additional post was sanctioned by the Director of School Education, West Bengal in the said school for the alleged increase of roll strength. It has been submitted on behalf of the appellant that at the time of appointment of the writ petitioner in the said school, there was no sanctioned vacant post and therefore, the Managing Committee could not have appointed the writ petitioner in the said school as an Assistant Teacher.