Pranab Kumar Chattopadhyay, J. - (1.) Petitioner herein challenged the validity and/or legality of the appointment of one Shri Prabhat Kumar Bhattacharjee, respondent No.11 in the present petition, in the post of assistant teacher in Rambhadrapur Junior High School, Midnapore and also approval of such appointment by the District Inspector of Schools ignoring the specific objection raised by the petitioner in this regard. While challenging the aforesaid appointment as well as the approval of the appointment of the said respondent No.11, petitioner questioned the validity and/or legality of the selection process and particularly the action of the school authorities as well as of the District Inspector of Schools (SE), Midnapore in the matter of filling up the vacant post of teaching staff in the said school by selecting and appointing the respondent No. 11. The facts of the case are briefly stated hereinafter.
(2.) The Director of School Education, West Bengal by Memo. dated 25th March, 1987 sanctioned one additional post of assistant teacher in Rambhadrapur Junior High School in the language group. It was specifically mentioned in the said Memo. by the Director of School Education that the sanctioned post of assistant teacher was meant for language group and the qualification should be B.A. with Physical Education. It was also categorically mentioned in the said Memo. that the change of subject teacher in respect of the said sanctioned additional post may not be accorded without permission of the directorate.
(3.) The District Inspector of Schools (SE), Midnapore by a Memo. dated 18th January, 1990 accorded prior permission for appointment of an assistant teacher in the school against the newly created additional post by the Director of School Education, West Bengal in terms of Memo. dated 25th March, 1987. The District Inspector of Schools (SE), Midnapore in the said Memo. dated 18th January , 1990 specifically mentioned that the school authority should appoint one B. A. candidate with English as one of the subjects along with P.G.B.T. against the said newly created additional post. The school authorities, however, did not take any step to fill up the said additional post of assistant teacher;