JUDGEMENT
D.K.Basu, J. -
(1.) It appears from the endorsement dated 24th December, 1986 that the Rule is ready as regards service. None appears in support of the Rule. Inspite of service of the Rule nobody appears on behalf of the respondents. No return has been filed as yet.
(2.) The petitioners-nine in number, who are appointed as assistant teachers by the managing committee of school in urban area of Malda District. On diverse dates sometime in the year 1974, 1976 and May, 1977, as routine exercise the Secretary of the Managing Committee of the respective schools submitted a statement along with a copy of relevant resolution to the Sub-Inspector of Schools, Primary Education, who in his turn forwarded to the District Inspector of Schools, Primary Education, Malda for necessary action. All these recommendations forwarded to the District Inspector of Schools, Primary Education, Malda, i.e. respondent No.3, are Annexure 'A' collectively to the writ petition. On receipt of such statement from the Sub-Inspector of Schools Primary Education, the District Inspector of Schools respondent No.3 forwarded the matters to the Director of Primary Education, i.e. respondent No.1 by two different memos, namely, memo. No.726 dated 4th December, 1982 and memo. No.732 dated 6th December, 1982 for approval. By forwarding the second memo dated 6th December, 1982 the respondent No.3 noted that at the material time no pending cases were lying with the office, i.e. with the office of respondent No.3.
(3.) On 9th December, 1982 he made further reference to respondent No.1 and indicated earlier reference of memo No.726 dated 4th December 1982 and memo no.732 dated 6th December 1982 that the teachers, who had been appointed by the Managing Committee of different schools and whose cases were referred on 4th December, 1982 and 6th December, 1982, were not approved by the urban advisory committee. In the above reference dated 9th December, 1982 which is Annexure 'C' to the writ petition, the District Inspector of Schools, Malda, i.e. respondent No.3 addressed the respondent No.1 stating, inter alia,
" A meeting of the Urban Advisory Committee has been convened by the undersigned on 13.12.82 and it is obvious that these cases will be placed in the said meeting. Pending final decision taken by the Urban Advisory Committee, the list of 1he incumbents is being forwarded for his kind perusal and information. It is informed that 30 post of Asstt. teachers are lying vacant as per record".
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