- (1.)These appeals arise out of an order dated 23rd September, 2004 passed by a Division Bench of the High Court of Calcutta whereby CANs No. 3863/2004 and 3861/2004 filed by the Respondent-State of West Bengal and others have been allowed, order dated 18th December, 2003 passed by a Single Bench of the High Court set aside and Writ Petitions No. 16256 and 16255 of 2003 filed by the Appellants herein dismissed.
(2.)The Appellants, it appears, were appointed as teachers on temporary basis in what is known as Khalsa Girls High School, Puddopukur Road, Bhowanipore, Calcutta. Their appointment did not, however, meet the approval of the District Inspector of Schools, Calcutta, according to whom any such appointment could be made only on the recommendations of the School Service Commission established under the Rules for Management of Recognised Non-Government Institutions (Aided and Unaided), 1969 (the Rules) (hereinafter referred to as "the Rules").
(3.)Aggrieved by the order passed by the District Inspector, the Appellants approached the High Court of Calcutta in Writ Petitions No. 16256 and 16255 of 2003 which were allowed by a learned Single Judge of the High Court by his order dated 29th January, 2004 holding that the institution in which the Appellants were appointed being a linguistic minority institution was entitled to select and appoint its teachers. The Single Bench accordingly directed the Respondents in the writ petitions to approve the appointment of the Appellants as whole time teachers with effect from 28th July, 1999 and release the arrears of salary and other service benefits in their favour with effect from the said date.