DEBASISH KAR GUPTA, J. - (1.) This writ application is filed by the petitioner for a direction upon the respondent authority to approve her appointment to the post of Headmistress of Palaspai Anchal Gita Rani Dhara Balika Vidyalaya, P.O. Chak Hyatpur, P.S. Khanakul, Dist -Hooghly (hereinafter referred to as the said school) with effect from May 1, 2002.
(2.) The backdrop of the case is as under: The said school was recognized by the West Bengal Board of Secondary Education with effect from May 1, 1992 under memo no. S/530 dated October 1, 1992. The respondent no. 4 approved the appointment of the petitioner in the post of teacher -in -charge under his memo no. 2063 dated December 30, 1993, amongst other teaching and non -teaching staff of the said school, with effect from the date of recognition of the said school. The respondent no. 4 under his memo no. 2082 dated December 31, 1993 sought for permission to fill up two teaching and one non -teaching post in addition to normal staff strength of the said school as also appointment of the petitioner to the post of Headmistress. The Deputy Director of School Education (GA), West Bengal turned down the above proposal under his memo dated July 11, 1994. According to the petitioner, she became eligible for consideration for appointment to the post of Headmistress of the said school after completion of ten years service in the post of teacher -in -charge of the said school. The petitioner filed an application under article of the constitution of India bearing W.P. No. 8328 (W) of 2002 (in re. Shri Ratna Saha Vs. State of West Bengal & Ors.) and the above writ application was disposed of on July 1, 2002 with a direction upon the respondent no. 3 to take a decision in the matter.
(3.) Pending consideration of the above claim of the petitioner a writ application bearing W.P. no. 12314 (w) of 2002 (in re. Anita Pattanayak & Ors. Vs. State of West Bengal & Ors.) was filed by the guardians of some of the students of the said school for restraining the authority from appointing the writ petitioner as Headmistress of the said school, amongst other grounds. By an interim order dated September 17, 2002 passed in the above writ application the authority was restrained from appointing anyone in teaching post of the said school until and unless any one was recommended to be appointed in a teaching post by the School Service Commission.;