- (1.)All these three applications though heard separately but since a common question of law is involved, therefore, this Court proposes to dispose of the aforesaid writ petitions by a common judgment.
(2.)Before proceeding to frame the question involved in the above writ petitions, the salient facts are recorded hereunder:
W.P. 14130 (W) of 2010

Two posts namely Librarian and Clerk were created vide G.O. No.333/S.E. dated 08.06.2007 and prior permission was issued on 13.06.2008. The school authorities notified the aforesaid posts with the Employment Exchange concerned and also advertised the aforesaid vacancies on 06.12.2008 and 12.12.2008 in Bengali newspaper. The Employment Exchange sponsored the name of 20 candidates for the post of Librarian and 19 names for the post of Clerk. Although, the District Inspector of School (SE), Purba Medinipur indicated while sanctioning the prior permission that the aforesaid posts are permanent in nature, but in absence of any concurrence in the form of sanctioned by the Director of School Education (SE), the school authorities sought for further clarification. Because of the inaction on the part of the authority concerned, a writ petition was moved by the petitioner in W.P. No. 12316 (W) of 2009 before this Court. The respondent authorities were permitted to file an affidavit-in-opposition but no opposition could be filed when the matter was taken up for final disposal. On 09.04.2010, the said writ petition was disposed of with the following order:

" This is an extremely short matter. The Secretary of the School has filed this writ application being aggrieved by the alleged inaction on the part of the District Inspector of Schools to make some clarifications that he sought for in his letter dated 20th May, 2009. In my opinion the contents of that letter are not quite intelligible and clear. What I understand is that the management of the school seeks a clarification from the District Inspector of Schools regarding the correctness of the advertisement being annexure P-2 at page 14 of the writ application and necessary advice to proceed with the selection process.

Let such clarification or advice to be given within a period of two weeks from the date of communication of this order."

(3.)In compliance of the aforesaid order, the District Inspector of School (SE), Purba Medinipur issued memo dated 10.05.2010 indicating that the advertisement was done wrongly and, therefore, the entire selection process is vitiated. Additionally, it is further observed that because of the intervention of West Bengal School Service Commission (Selection of persons for appoints to the post of non-teaching staff) Rules, 2009, the vacancy is to be notified to the School Service Commission so that the appointment could be made under the aforesaid rules. The said memo is impugned in this writ petition.
W.P. 11677 (W) of 2012

On November 06, 2008, an advertisement was published in Bengali newspaper namely "Statements" inviting an application from the eligible candidates for the post of Clerk in Garkilla Santamayi High School (H.S).