- (1.) THESE four Rules arise out of a peculiar situation created by termination of services of four teachers by the administrator-cum-receiver appointed in respect of the school in question, that is Sri Hanurrian Balika vidyalaya, an aided Class X High school, at 3, Arabinda Road, Salkia, howrah, and consequent appointment of four teachers in the vacancies caused by the termination of services of four approved teachers of the school who preferred appeal before the appeal committee of the Board pursuant to the provisions of section 22 of the West bengal Board of Secondary Education act, 1963 (West Bengal Act V of 1963 ). These Rules also involve the question of approval of a teacher Balaram Tewari who was appointed as assistant teacher in 1966 in the science stream initially on a temporary basis and subsequently he was selected by the District selection Committe and was allowed to draw revised scale of pay by an order of the District Inspector of Schools (S. E) Howrah in 1968.
(2.) C. R 4001 of 80 has been obtained by Dalaram Tiwari, the assistant teacher of the school against and order, one being memo area annexed as annexure to petition issued by the District inspector or schools on 18. 03. 80 communicating to the administrator of me school concerned about me grant of approval of appointment to the four teachers mentioned therein with effect from 1. 8. 79. An interim order was also obtained to this effect that respondent nos. 1 to 4 were directed to consider the case of the petitioner for the purpose of according approval of his appointment as an assistant teacher of the school. It has been stated in the petition that the petitioner was duly selected by the members of the managing committee of the school and was given appointment as an assistant teacher on 6. 9. 66. The petitioner has been working as an assistant teacher, teaching pupils in the science stream since that date. His further case is that he was directed to appear before the selection committee and after interview he was duly selected by the District Selection Committee as is evident from memo no. 2505 (124) dated 15. 4. 68. Howrah issued by the district Inspector of Schools (S. E.), howrah and he was allowed to get revised scale of pay. The petitioner has also stated that he was deputed by the school for B. Ed training from 1. 7. 71 to 15. 5. 72 and his deputitaion was duly approved and he received deputation allowance from the Director of public Instruction, West Bengal, during the said deputation period. After completion of his B. Ed. course the petitioner duly joined the school on 16. 5. 72 as an assistant teacher and he has been taking classes 01 Chemistry and Physias in respect of Classes IX to XI of the said school. The petitioner has duly got his salaries from the school upto 1972 and received half of his salary from 16. 5. 72 to April, 1979 from the school. It has been stated by the petitioner that since May, 1979 his salary has been stopped altogether though he has been working in the school without any remuneration since then. He made representation before the Board through the district Inspector of Schools for granting approval by his letter dated 4. 4. 78 but no approval was accorded as yet. In the meantime the District Inspector of Schools (S. E.) Howrah, respondent no 4, issued the impugned memo dated 29. 2. 80 approving provisionally the case of four teachers, that is respondent nos. 9,10,11, and 12 with effect from 1. 8. 79. This order of respondent no. 4 has been challenged before this court on the ground that the petitioner is entitled to be absorbed against the 25th post out of the posts sanctioned in respect of appointment of teachers in this school.
(3.) C. R. 3549 (W) of 80 was obtainted by the administrator Dilip Sarkar against the impugned order of the District Inspector of Schools (S. E.), Howrah dated 18. 3. 80 according approval of four teachers in the said school on the ground that the approval to the appointment of these teachers were not asked for as required under the provisions of rule 28 (1) of the rules framed for Management of Recognised non-Government Institutions (Aided and Un-aided), 1969 and also on the ground that the case of approval of Balaram Tewari who was appointed as an assistant teacher in 1966 in this schools was also pending for consideration before the District Inspector of Schools. It has also been urged that the appeals of three dismissed teachers have already been allowed and one of them has been reinstate, already and other two teachers voise appeals have been allowed by the Board and in spite of the order of reinstatement may by the appeal committee of the Board could not nor, be reinstated because of the interim order obtained one by a member of a former managing committee of the school and another by one of the teachers appointed in one of the vacancies caused by termination of service of one of the approved teachers of the school. It has, therefore, been stated that these teachers whose appeals have been allowed have to be reinstated and as such after their reimstatement and also after grant of approval to the appointment of Balaratai tewari, there will be practiclly mo vacancy left for absorption of all the four teachers even if the present strength of teaching staff is increased to 27 by provisional sanction of 4 additional posts. It has, therefore, been submitted on behalf of the administrator, who is the petitioner, that the impugned order of the District Inspector of School (S. E.) Howrah, respondent no. 3, should be quashed, cancelled and set aside.;