MRINAL KANTI KAMAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On 1st January, 1965, the Harin Khola Dhruba Adiswar Junior School was granted recognition by the state government. It was upto class IV level. It appears that from time to time the school was upgraded upto class VIII as a Junior High School. Finally, in the middle of the 1980's, a body of persons which I shall call the organising staff, duly appointed by the Managing Committee of the school, took the decision to start Classes IX and X.

(2.) This organising staff comprised of teaching and non-teaching staff. After a lot of effort at the governmental level and after prosecuting litigations in this court, the school was upgraded to the level of classes IX and X, as will appear from the School Education Department's memo 12th May, 2011. It was upgraded to and recognised as a X-class secondary school provisionally from the academic session 2011-1 It was with effect from 1st February, 2011 for three years. Attached to this recognition was the condition that the teaching and nonteaching staff of the school had to be recruited according to the West Bengal School Service Commission Act, 1997 as amended from time to time and the rules made thereunder. The writ petitioners are all organising staff of the school seeking approval of their appointments by the respondents, as the teaching and non-teaching staff of the school.

(3.) The contention of the respondents is that the teaching and non-teaching staff were appointed without consulting the government and without its approval. After enactment of the West Bengal School service Commission Act, 1997 and framing of the Rules thereunder, organising teachers cannot be recognised. So there was no question of approving the appointment of the organising staff of this school.