S.B. Sinha, J. - (1.) Having heard the learned counsel for the parties, we are of the opinion that the learned trial Judge was not correct while passing the impugned order dated 3.4.2000, whereby and whereunder he directed that the District Inspector of Schools should form a selection committee. The learned Trial Judge has also issued certain directions which are in the following terms:- "After the D.I. has decided not to approve the panel no further step has been taken in the matter. I, therefore, while upholding the decision of D.I. dispose of this writ petition by directing the D.I. to constitute a board of selectors comprising of 5 members to be nominated by him and then to issue letters to be those persons, who had been sponsored by the employment exchange, inviting them to be selected at an interview to be held by the selectors so to be nominated by the D.I. The said selectors then shall prepare under their signature a panel and shall submit the same to the D.I. on the same day itself. It shall be deemed that the panel so submitted has been submitted by the Managing Committee of the School for obtaining the approval. The D.I. shall hereupon give approval to such panel and appointment on the basis of such panel shall thereupon be given by the school but not later than 15 days from the date the approval is given by the D.I. It is expected that the D.I. of Schools shall expedite the matter and would complete his part of the job including giving approval to the panel within a period of four months from the date of communication of this order."
(2.) Having heard the learned counsel for the parties, we are of the opinion that when rules have been framed by the Director of School Education in exercise of his power conferred upon him by clauses (i) and (ii) of sub-Rule (1) and by clause (i) of sub-Rule (4) of Rule 28 of the Rules for Management of Recognised Non-Government Institutions (Aided and Unaided), 1969, unless gross illegalities are committed in the matter of constitution of panel, the District Inspector of Schools should not have been asked to constitute the selection committee inasmuch as the same comes within the realm of the power of the managing committee in terms thereof.
(3.) There cannot, however, be any doubt whatsoever that the recruitment rule itself has provided sufficient safeguards as regards the process of selection being held without any favour or bias inasmuch as no member of the selection committee can be a relation of any of the candidates.;