S.K.Mukherjee, J. - (1.) The school authorities of Khejuri Guruprosad Balika Vidyaniketan have come up with this application under Article 226 of the Constitution of India (writ petition in short) challenging an order dated March 14, 202 passed by the Additional District Inspector of Schools (Secondary Education), Contai Sub-Division, District: Purba Midnapore whereby the said District Inspector of schools refused to accord approval of the panel submitted by the school authorities for appointment of a Group D staff (Matron) in the school concerned on the finding that there was no margin of at least 20 (twenty) days between the date of posting of the call letters and the date of interview in terms of the guidelines for recruitment of Group D staff in the high schools.
(2.) The facts leading to the filing of the writ petition may be summarised as under: (a) Due to up-gradation of the said school as Class X high school, a vacancy arose in the post of Group D staff, consequently, the school applied for prior permission for filling up the said post; (b) By Memorandum No. 2403/Midnapore dated July 27, 2001 the District Inspector of schools (Secondary Education), Midnapore granted permission for appointment of a non-teaching staff in the school indicating that the post of the said Group D staff (Matron) should be reserved for scheduled caste candidate. The educational qualification prescribed in the said memorandum was that the candidates should pass Class VIII examination from any recognised secondary school; (c) Upon receipt of the said prior permission, the school authorities requested the Employment Officer, District Employment Exchange, Contai for sponsoring names of twenty candidates. The Employment Officer concerned under memorandum dated August 1, 2001 sponsored the names of twenty candidates for recruitment of a Group D staff (Matron) in the said school; (d) The managing committee of the school in the meeting dated October 5, 2001 constituted a selection committed and fixed November 25, 2001 for the purpose of holding interview; (e) from the last week of October 2001 till the first week of November 2001 there were postal disturbances and during the said period the branch post office and sub-post office in the area did not function normally. In support of their case of postal disturbances, the writ petitioners have annexed a certificate issued by Kunjapore branch post office as annexure 'P-3' to the writ petition. As a result thereof, although the call letters were prepared and were signed by the Secretary of the Managing Committee of the school on November 2, 2001, those call letters could only be posted under registered post, with acknowledgment due, on November 7, 2001. Twenty candidates were sponsored by the employment exchange and the acknowledgment due cards from nineteen candidates came back and it appears from perusal of the said acknowledgment due cards that the said candidates received the call letters between November 7, 2001 and November 15, 2001. The acknowledgment due card did not come back from only one candidate, namely, Shrimati Bhabani Mondal, but the said candidate duly received the call letter and she appeared in the interview; (f) The interview was held on November 25, 2001 and the selection committee prepared a panel. The panel was duly approved by the Managing Committee and the panel was forwarded to the District Inspector of schools concerned for his approval; (g) By memorandum dated March 14, 2002 the Additional District Inspector of School (Secondary Education), Contai Sub-Division, however, refused to accord approval on the ground that there was violation of paragraph 5(d) of the guidelines for recruitment of non-teaching staff of non-Government aided schools issued by the Director of School Education, West Bengal. The school authorities were directed to hold interview once again maintaining the procedures as laid down in the said guidelines.
(3.) Paragraph 5(d) of the said guidelines runs as under: "(d) The candidates shall be called for interview by Registered postcard or Inland letter with A/D with a margin of at least 20 days between the date of posting and the date of interview.";