- (1.) The petitioners came up before this court seeking certain direction upon the respondents.
(2.) The facts of the case may be briefly stated as follows: That due to up-gradation from Junior High Madrasah vacancies of two Group-D staff i.e. peon and matron arose in the year 2007. Due to such upgradation, the petitioners approached to the respondent no. 3 with the prayer for prior permission to appoint a matron and the notification No. 7.JS(MD)/07 dated 15.11.2007 declared to permit filling up of non-teaching post of different categories. Thereafter, the respondent No. 2 by its memo No. 343(20) ME dated 11. 12.2007 issued a notification to the District Inspector of Schools by empowering them to accord prior permission on the basis of the G.O. No. 7.JS(MD)/07 dated 15.11.2007 in favour of the school authorities to the post of non-teaching staff. The Managing Committee adopted a resolution on 23.11.2007 allowing the Secretary and Headmaster of the concerned madrasah to take appropriate steps to obtain permission to fill up the post of Group-D staff and accordingly, representation was made, but in spite of receipt of said representation, the District Inspector of Schools did not take any step to accord prior permission to fill up the post of Group- D staff. Thereafter, the petitioners moved a writ petition being W. P. No.1295 (W) of 2009 praying for a direction to the District Inspector of Schools to accord prior permission to fill up the post of Group-D staff. The said writ petition was disposed of by directing the concerned District Inspector of Schools to grant permission. The said order was duly communicated to the concerned District Inspector of Schools, who expressed its inability to grant such permission without obtaining instructions from the Director of School Education. Again the petitioners filed another writ petition being W. P. No. 15923 (W) of 2009 wherein the District Inspector of Schools concerned was directed to grant prior permission to the concerned madrasah to fill up the post of non-teaching staff. The order of the court has duly been communicated to the concerned District Inspector of Schools, but the said District Inspector of Schools referred the matter to the West Bengal Madrasah Service Commission in view of West Bengal Madrasah Service Commission Act, 2008. Ultimately the petitioners came up before this court.
(3.) It is contended by the learned Advocate appearing on behalf of the petitioners that the Madrasah Authority applied for prior permission for the post of matron (Group-D staff) to the District Inspector of Schools since the said madrasah upgraded as High Madrasah on 21.05.2007.;