- (1.) ADMITTEDLY prior permission was granted by the District Inspector of School (Secondary Education), Paschim Medinipur, to the School Authority of Mahisegria A.M.A. High Madrasah for filling up a post of Clerk in Group ?C? on 27th May, 2008 under Memo No. 877-S. Pursuant to the prior permission granted by the concerned District Inspector of School, the School Authority approached the concerned Employment Exchange on 25th June, 2008 for sponsoring the names of suitable candidates for the said post. There is nothing on record to show that pursuant to the said request made by the School authority, the name of any candidate was sponsored by the Employment Exchange for the said post. Be that as it may, the School Authority instead of following up the said process by sending reminders to the Employment Exchange authority for sending the names of suitable candidates for the said post, published an advertisement on 26th August, 2009 inviting applications from the eligible candidates for the said post. Interview was held of the eligible candidates on 14th November, 2009. A panel was prepared on the same date and the said panel was forwarded to the concerned District Inspector of School for his approval on 13th November, 2010. The concerned District Inspector of School refuses to grant approval to the said panel as the School Authority caused inordinate delay in preparing the said panel. The decision of the said District Inspector of School which was communicated to the concerned Secretary of the said Madrasah under Memo No. 751-S dated 23rd April, 2010 is under challenge in this writ petition at the instance of the School Authority.
(2.) THE chronological steps which were taken by the School Authority pursuant to the grant of prior permission for filling up the said post by the concerned District Inspector of School indicate clearly that the School Authority failed to initiate the selection process by publication ofadvertisement before the commencement of the School Service Commission (Amendment) Act of 2008 which came into force on 1st January, 2009. Even such advertisement was not published prior to 9th July, 2009 when the West Bengal School Service Commission (Selection Of Persons For Appointment To THE Post Of Non-Teaching Staff) Rules 2009, was published. THEre is nothing on record to show that the Employment Exchange sponsored the names of the suitable candidates pursuant to the request made by the School Authority on 25th June, 2008. Since the School Authority subsequently issued an advertisement for the said post without insisting upon the Employment Exchange for sponsoring the names of suitable candidates for the said post, this Court can safely proceed on the basis that the School Authority practically abandoned their request made to the Employment Exchange for sponsoring the names of the suitable candidates for the said post. Thus this Court holds that the selection process, in fact, was initiated by publication of the said advertisement on 26th August, 2009 after the Amended Act came into operation. Thus this Court holds that the panel which was prepared by the Selection Authority subsequently on the basis of such advertisement cannot be approved by the concerned District Inspector of School, as the Amended Act came into operation on 1st January, 2009 i.e. before initiation of the selection process which was initiated by publication of advertisement by the School Authority inviting applicants for the said post on 26th August, 2009. Accordingly, this Court holds that the concerned District Inspector of School did not commit any illegality by not approving the said panel. This Court thus holds that the selection process for the post of Group ?C? in the said School should be completed by following the provision contained in the West Bengal School Service Commission (Amendment) Act of 1997 read with West Bengal School Service Commission (Selection For Person For Appointment To The Post Of Non-Teaching Staff) Rules 2009. The writ petition thus deserves no merit for consideration. The writ petition thus stands rejected. Urgent xerox certified copy of this order, if applied for, be given to the parties as expeditiously as possible.;