Kausik Chanda,J. - (1.) The appellant was appointed as Headmistress of an unrecognized secondary school, namely Palaspai Anchal Gita Rani Dhara Balika Vidyalaya in Hooghly district on February 9, 1984. The school was recognised by the West Bengal Board of Secondary Education with effect from May 01, 1992. When the school was recognised, the appellant's service was approved as the Teacher-in-Charge with effect from the said date instead of Headmistress as she had completed about 8 years of service and did not have the required 10 years teaching experience at the time of recognition of the school.
(2.) The relevant District Inspector of Schools by a Memo No. 2080 dated December 31, 1993, requested the Director of School Education West Bengal to consider approval of appointment of the appellant as Headmistress. The relevant part of the said letter dated December 31, 1993 is reproduced below:- "Now the question arises whether on the basis of the direction of the Hon'ble Court Smt. Saha be approved as the headmistress of the school in relaxation of the provisions contained in the G.O. No. 33 Edn (S) dated 7.3.1998 prescribing the qualification of the Headmaster/Headmistress and in consideration of the fact that she has been rendering her services as Headmistress w.e.f. 9.2.1984. Thus if the fact of her services rendered w.e.f. 9.2.1984 may be taken to be account as a very special case she might be approved as Headmistress w.e.f. 9.2.1994 i.e. completion of 10 years of services in conjunction of unapproved and approved service taken together."
(3.) Such request was turned down by the Director of School Education on July 11, 1994, by one line observation that the appellant had no requisite experience of teaching.;