Sabyasachi Mukharji, J. - (1.) In this application under Article 226 of the Constitution the petitioners challenge the West Bengal (Rural) Primary Education (Temporary Provision) Amendment Act, 1977 and also the constitution of the Ad-Hoc Committee of the District School Board, Hooghly and also the Government order, being order dated 3rd of November, 1978, which is annexure 'F' to the petition. It is necessary" to set out the said order which is a communication dated 3rd of November, 1978 from Deputy Secretary to the Government of West Bengal to the Director of Primary Education, West Bengal on the subject of permanent absorption of primary School teachers who worked as deputation vacancies the laid communication reads as follows : "The undersigned is directed to refer to this Deptt., Memo No. 1496-Edn. (P) dated 30.8.78 on the above subject and to state that the matter has been reviewed by Government and it has been decided that pending Government's full examination of the entire policy regarding ultimate absorption of Deputation vacancy teachers and the mode and practice of such absorption, the final absorption of candidates who worked as primary teachers for one or more terms in deputation vacancies should be kept suspended until further orders. mean while this Dsptt., G.O. No. 1496-Edn. (P) dated 30.8.78 referred to above should be treated as cancelled."
(2.) The petition mere also challenge the notification, being Annexure 'G' being a notification dated 31st of October, 1977 whereby the West [Bengal (Rural) Primary Education (Temporary provision) Amendment Act, 11977 was amended. Section 3 with which the petitioners felt aggrieved reads as follows:- "In Section 4 of the West Bengal (Rural) Primary Education (Temporary Provisions) Act, 1969, in the proviso to clause (b) (i) for the words "any of its officers not below the rank of a District Inspector of Schools", the words "an ad-hoc committee consisting of such number of members as the State Government may think St to appoint", shall be substituted. (ii) for the words "such officer", the words "the ad-hoc committee" shall be substituted." .........................
(3.) The petitioners also challenge the notification dated 4th of March, 1978 whereby the ad-hoc committee consisting of certain persons whose names it is not necessity to set out herein for my present purpose were appointed as ad-hoc committee to discharge and perform all the powers, duties and functions referred to in Clause (B) of the District School Board, Hooghly and the President and Vice-President thereof with effect from the data of the said publication. The petitioners asked for consequential orders restraining the defendants from giving effect to the said communication specially the communication dated 3rd of November, 1978.;