P.K.Ray, J. - (1.) In this writ application, writ petitioners claiming themselves as Organizing Teacher of Aimapara Primary School has challenged the decision of Chairman, Ad hoc Committee, District Primary School Council, Burdwan passed under Memo No. 982/5 dated Burdwan 16th April 1999 whereby and whereunder rejecting their such claim as organized staff of Aimapara Free Primary School as recognized sometimes in between 8th September, 1980 to 19th September, 1982 the relief by regularisation of such appointment was rejected. Writ petitioners have prayed the following reliefs: (a) A writ of Mandamus or a writ in the nature thereof commanding the respondent No. 3 particularly the Chairman, Ad-hoc Committee, District Primary School Council, Burdwan to cancel/withdraw/rescind the impugned order issued in Memo No. 982/5 dated 6.4.99 and upon so doing direct the state respondent No. 3 to issue the appointment letter in favour of the petitioners within a time as specified by this Hon'ble Court. (b) A writ of Certiorari or a writ in the nature thereof directing the respondent No. 3 to produce the records of the instant case and upon so doing quashed the present impugned order dated 16.4. 99 issued in memo No. 982/5 by the Secretary, Ad-hoc Committee, District Primary School Council, Burdwan. (c) An appropriate writ/order/direction requiring the respondents from giving any effect and/or further effect to the impugned order dated 16.4.99 issued in memo No. 982/5 issued by the Chairman, Ad-hoc Committee, District Primary School Council, Burdwan and further forbearing from filling up of the present vacant posts of assistant teacher in Primary School till the disposal of the writ application. (d) Rule Nisi in terms of prayer (a), (b) and (c) above; (d) Rule absolute in the event of failure by the respondents or any of them to make an adequate and/or timely return. (f) Costs; (g) Ad-interim order of injunction restraining the respondents from giving any effect and/or further effect to the order dated 16.4.99 issued in memo No. 982/5 issued by the Chairman, Ad-hoc Committee, District Primary School Council, Burdwan and further restrained the respondent from filling up of the post of assistant teacher pending under his disposal and/or until disposal of the writ application; and Your petitioners further pray for an interim order of injunction restraining the respondent No. 3 to keep the considerable post vacant in favour of the petitioner till the disposal of the writ application; (h) Any other or further other order or orders, direction or directions as to Your Lordships may seem fit and proper.
(2.) The writ petitioners they are three in numbers submitted that they are organized staff of Aimapara Primary School as established in the year 1975 being duly appointed by the Secretary by the Organizing Committee in terms of the resolution of the Managing Committee dated 25th December, 1975. The School was unofficially inspected by Sub-Inspector of School, Bhatar, West Circle, Burdwan, on 10th March, 1978 and 3rd January, 1979 and from the report of said Inspector of Schools, the names of present writ petitioners as Working Organized Staff would be revealed. It is further submitted that present Headmaster of said School also has issued a certificate dated 16th February, 2001 contending inter alia that the School, which is now running in Plot No 596 of Mouza Gramdihi being a Government Primary School, in that plot, there was an earlier organized School wherein the writ petitioners were the teaching staff and the present school has been recognized by the Memo dated 8th September, 1980 issued by Burdwan District Primary School Board. Petitioner further relied a letter of Prodhan, Sahebganj-2 Gram Panchayat being the letter dated 22nd April, 1999 to satisfy this Court that the present writ petitioners practically functioned as organized staff since the year 1976 to the year 1980 and thereafter School got recognition by the District Primary School Council, upon setting up their own teachers.
(3.) It is submitted by the petitioners that school got the recognition prior to deletion of Rule 3D of Rule framed under the Bengal (Rural) Primary Education Act, 1930 that is prior to 11th September, 1980, hence the writ petitioners accrued valuable right to be appointed with the prior approval of Director of Public Instruction, West Bengal. On that score, the writ petitioners had relied the judgment of this Court passed in the case West Bengal Board of Secondary Education & Ors. v. State of West Bengal & Ors., reported in 1997(1) CLJ 165 in respect of their right to be appointed in the School in question.;