Amitava Lala, J. - (1.) The petitioner was an organising Headmaster of the School originally established on 1st January, 1970. Such school was recognised as organising IV-Class Junior High School on 9th August, 1974. The service of the petitioner was approved as Headmaster of the institution on 3rd December, 1974. On 31st March, 1982. the said School was upgraded as X- Class High School. On 19th July. 1982, the service of the teaching and non-teaching staff were approved. However, the service of the petitioner was approved as teacher-in-charge since he had not acquired M.A. Degree required for the said post. The petitioner has improved his educational qualification upto M.A. Degree from B.N. Mandal University, Bihar, in the year 1996. The Managing Committee forwarded the name of the petitioner for his approval in the post of Headmaster in the year 1998 but the concerned Dist. Inspector of Schools is sitting tight over the matter.
(2.) As per Section 2(b) of the West Bengal Board of Secondary Education Act, 1963, 'Head of the Institution' means Head of the teaching staff of an institution by whatever name he or she may be designated. The only requirement was the approval as Headmaster with the scale of pay for higher qualification.
(3.) The learned counsel for the State is not at all sound in opposing this matter but the learned counsel appearing for the School Service Commission objected to the approval after coming of the School Service Commission Act and rules in the earlier part in 1998 when the proposal was made fix the purpose of regularisation of service of the petitioner as Headmaster of the institution. The learned counsel for the School Service Commission submitted that the petitioner's service cannot be regularised without routed through the School Service Commission.;