J. Bhattacharya, J. - (1.) Pursuant to the prior permission granted by the District Inspector of Schools (S.E.), Burdwan on 18th September, 2008, the school authority of Ukhura N.N. High School (H.S) initiated a selection process for filling up the vacancy in the post of an Additional Clerk in the said school. The school authority requisitioned the names of suitable candidates for the said post, from Kalna Employment Exchange on 31st December, 2008. Names of suitable candidates were sponsored by the said Employment Exchange on 16th January, 2009. An advertisement for the said post was published in the daily newspaper namely 'Bartaman' on 17th January, 2009. The Petitioner applied for the said post in pursuance of the said advertisement. The Petitioner along with the other candidates participated in the selection test on 15h February, 2009. After holding interview of those candidates, a panel was prepared by the selection authority on the very same day. The said panel along with the school's resolution accepting the said panel, was forwarded to the concerned District Inspector of Schools on 25th February, 2009 for its approval. The said District Inspector of Schools refused to accord approval to the said panel in view of the purported G.O. No. 126(20) -SE(S) dated 4th February, 2009.
(2.) Being aggrieved by the said decision of the said District Inspector of Schools, the Petitioner herein filed a writ petition earlier. The said writ petition which was registered as W.P. No. 11379 (W) of 2009 was disposed of by a learned Single Judge of this Court on 7th July, 2010 by setting aside the order which was impugned in the said writ petition. The District Inspector of Schools was directed to take a decision with regard to the said panel in accordance with law within two months from the date of communication of the said order. While disposing of the said writ petition it was held by His Lordship that since the said selection process was initiated prior to the West Bengal School Service Commission (Amendment) Act, 1997 and the West Bengal Schools (Control of Expenditure) Act, 2005 came into operation, the said selection process should have been completed in accordance with the Rules which were prevalent at the time when such selection process was initiated. His Lordship further held that since the selection process was initiated under the old Recruitment Rules of 2005, the departmental circular dated 4th February, 2009 mentioned in the said impugned order, could not be a valid ground for taking steps by the Respondent No. 3 in the matter of non -approval of the panel under reference.
(3.) In terms of the direction passed by His Lordship in the earlier writ petition, the said panel was again taken up for consideration by the concerned District Inspector of Schools who again refused to grant approval to the said panel while passing the impugned order, on the following grounds: (i) The prior permission for recruitment of the clerk of the said school was granted on 18th September, 2008, i.e. after 22nd July, 2008; (ii) It violates the existing Recruitment Rules for non -teaching staff in reference to School Education Departments' Memo No. 740/ES/S/IS -18 dated 15th May, 2010.;