Ashok Kumar Mathur, C.J. - (1.) This is an Appeal directed against the order passed by a learned Single Judge of this Court whereby the learned Single Judge allowed the writ petition and directed the School Authorities to issue letter oil appointment in favour of the petitioner who was the only eligible candidate in the approved panel and satisfied all prescribed qualifications mentioned in the Sanction Memo, dated 25th March, 1987 issue by the Directed of School Education within a period of fortnight from the date of communication of that order. It was also directed that the School Authorities should forward the relevant papers and documents to the District Inspector of Schools (SE), Midnapore within a fortnight from the date of joining of the petitioner to the School, seeking approval of appointment and the District Inspector of Schools was also directed to pass necessary orders for approval of the appointment of the petitioner within a period of 7 days thereafter. Aggrieved against this order the present appeal has been filed by the private respondent.
(2.) Brief facts which are necessary for disposal of this appeal are : The Director of School Education, West Bengal by Memo, dated 25th March, 1987 sanctioned one additional post of Assistant Teacher in Rambharapur Junior High School in language group. The post of the Assistant Teacher was sanctioned in language group and the qualification laid down was B.A. with Physical Education. It was also mentioned in the aforesaid Memo, that the change of subject teacher in respect of the sanctioned additional post not be accorded without permission of the Directorate.
(3.) The sanction issued by the Director of School Education, West Ben dated 25th March, 1987 is reproduced hereunder:- Government of West Bengal Directorate of School Education 6, Bhabani Dutta Lane, Calcutta-73 Memo No; 446-SC/G Dated, Calcutta the 25.3.87 From : The Director of School Education, West Bengal To : The District Inspector of Schools (SE) Midnapore P. O. & Dist.-Midnapore. Sub : Sanction of Additional Posts of Assistant Teacher in Junior High School/Junior High Madrasah sanctioned in terms of G. O. No.17-10-Edn(S) dated 11.12.85 In terms of G.O. No. 17-10-Edn (S) dated 11.12.85 additional post(s) in Junior High Madrasah is sanctioned for two years with effect from 1.4.87 on/ from any subsequently date(s) on which the post(s) is/are actually filled up, subject to fulfilment of usual terms and conditions for opening of additional class units due to increase in roll strength. School authority will take immediate steps to fill up the post(s) strictly according to the existing recruitment No. of Post(s) sanctioned Total Language or Social Science B.A. with Phy. Education 1 (one) Work Education-Gr. 1 (one) This raises the total strength Change of subject teachers of teaching staff to 11 (eleven) of this present sanctioned additional including Headmaster/Headmistress post(s) may be accorded from his/ her and without permission of this Directorate. procedure. JUDGEMENT_84_LAWS(CAL)7_2001.html Sd/-R. P. Banerjee For Director of School Education West Bengal Memo No. 4461(1) SC/G dated Calcutta the 25.3.87 Copy forwarded to the Secretary/Administrator Rambhadrapur Jr. High School RO. Rambhadrapur, Dist-Midnapore for information and necessary action. Sd/lllegible For Director of School Education West Bengal";