TULSI ROY Vs. KRISHANU ROY

JUDGEMENT

(1.) DAKSHIN Chatra High School (H. S) in the District of 24 Parganas (North) wanted to appoint a clerical staff after obtaining prior permission from the District Inspector of Schools. The school asked the Employment Exchange to sponsor the names of eligible candidates. Accordingly, twenty candidates were sponsored by the employment Exchange including the appellant. The respondent No. 1 was not sponsored by the Employment Exchange. He applied to this Court for permission to participate at the interview. The learned single Judge by judgment and order dated October 13, 2006 allowed his writ petition and directed the school to permit him to participate at the interview after holding that the Recruitment Rule 2005 did not cast any embargo upon the authority to entertain a non-sponsored candidate. Hence this appeal by the appellant.

(2.) PERTINENT to mention, the respondent No. 1 became successful in such interview process as he was placed in the first position in the panel whereas the appellant was placed in the second position.

(3.) MR. S. M. Ali, learned counsel, appearing in support of the appeal contends that as per the provisions of the West Bengal (Control of expenditure) Act 2005 no school authority is entitled to appoint any non teaching staff in the manner as may be prescribed. Rules have been framed under the said Act of 2005 being the West Bengal Schools (Recruitment of Non-teaching Staffl Rules 2005. Rule 8 (5) (a) provides that on receipt of a sanction from the District Inspector the school authority shall make a requisition to the Employment Exchange for sponsoring, within 45 days, names of the candidates. It is also provided in the said Rule of 2005 that in case eligible candidates are not available from the Employment Exchange the post would be filled up by advertisement. In the instant case the requisition was sent by the school. The Employment Exchange sponsored twenty candidates. Hence there was no occasion for the respondent No. 1 to participate at the interview. The learned single Judge erred in allowing him to participate at the interview.