- (1.) THIS appeal is directed against the judgment and order dated 18th April, 2007, passed by the Calcutta High Court in FMA No. 179 of 2005, whereby the Division Bench set aside the order passed by the learned Single Judge dismissing the writ petition filed by the respondent Nos. 1, 5 and 6 herein.
(2.) THE State of West Bengal is in appeal against the said order of the Division Bench. From the materials on record, it appears that the respondent No. 1 had been appointed as a teacher in Tara Sundari Balika Vidyabhaban, Howrah, by the Managing Committee of the School on 1st November, 1976, under the existing Rules. Under the said Rules, appointments of teachers were made in accordance with the teacher-student ratio and, as was contended by the respondent No. 1, her appointment had been made against a substantive vacancy created on the basis of such policy.
(3.) IT further appears that along with others, the case of the respondent No. 1 was forwarded to the Director of School Education, West Bengal, for approval in July, 1985, but without giving any reasons, the names of the said teachers remained unapproved and, in between, the West Bengal Primary Education Act, 1973, came into force on 30th June, 1990. Under the said Act and the Rules framed thereunder, the method of selection and appointment of primary teachers in the primary schools in West Bengal underwent a complete change. Under the new Rules, the selection and appointment of primary teachers were now required to be made by the District Primary School Council from a panel to be prepared by them after following the procedure for preparation of such panel.;