Pranab Kumar Chattopadhyay, J. - (1.) Petitioner herein is the teacher-in- charge of Dum Dum Sree Arabinda Vidyamandir. The post of Head Master of the said school fell vacant and an advertisement was issued in 'Bartaman Patrika' inviting applications from the eligible candidates for filling up the said vacant post of Head Master of the school.
(2.) In response to the said advertisement, petitioner submitted an application before the school authorities furnishing relevant particulars in support of his candidature for the said post of Head Master of the school on 6th May, 1997. It should be mentioned here that prior permission for filling up the said post of Head Master was accorded by the appropriate authority by a Memo being No. 289/G dated 3rd April, 1997. In view of the said prior permission the school authorities took steps to fill up the said vacant post of Headmaster of the school in terms of the Recruitment Rules prevailing at that point of time. The Secretary of Dum Dum Sree Arabinda Vidyamandir by a written communication dated 1st September, 1997 asked the petitioner to appear at the interview before the selection committee on 21st September, 1997. The selection committee duly held the interview on 21st September, 1997 and prepared a panel on the same day. The petitioner claimed that he secured first position in the said panel. The aforesaid panel prepared by the selection committee was forwarded to the managing committee of the school and the said managing committee accepted the said panel in its meeting held on 1st October, 1997. It has been contended on behalf of the petitioner that the school authorities though thereafter wanted to submit the said panel in the office of the District Inspector of Schools concerned for obtaining necessary approval of the panel but the office of the District Inspector of Schools concerned refused to accept the said panel from the school authorities.
(3.) The Government of West Bengal issued a circular in the meantime fixing 30th September, 1997 as the cut off date for submissions of all panel in connection with the appointments of teaching staff of High/Higher Secondary Schools in West Bengal. In view of the said cut off date for submission of the panel fixed by the State Government as 30th September, 1997 office of the District Inspector of Schools concerned refused to accept the panel from the school authorities in the instant case. Petitioner herein filed a writ petition challenging the aforesaid acts of the respondent authority particularly the District Inspector of Schools concerned for non-acceptance of the panel prepared by the school authorities on the ground that the last date of submission of the panel fixed by the circular issued by the Government of West Bengal expired on 30th September, 1997.;