M.M. Dutt, J. - (1.) The appellants, the District School Board, Hooghly, the Ad -hoc Committee of the District School Board and its President have, in this appeal, challenged the propriety of the judgment of Sabyasachi Mukharji J making absolute the 'Rule Nisi issued on the application of 51 primary teachers, being respondents nos. 1 to 51 herein, under Article 226 of the Constitution. In the writ petition, the case of the respondents -writ petitioners who are primary teachers was that they passed the School Final and or Higher -Secondary Examinations more than 6 to 7 years age and they could not prosecute their studies any further due to poverty , financial difficulty and other problems. They, however, became duly qualified for appointment as primary teachers. A large number of posts of primary teachers fell vacant under the District School Board, Hooghly in or about 1972. An advertisement was published by the District School Board, Hooghly in the Ananda Bazar Patrika inviting -applications from qualified candidates for filling up the said vacancies. -The respondents -writ petitioners applied. for the posts, and they were select -ted by the Selection Committee and their names were included in the panel for. primary teachers of different circles under the District School Board Hooghly. They were appointed in deputation vacancies arising out of deputation of teachers of primary schools far undergoing training in: Junior Basic 'Training Institutes from 1974 -1978, but they' were not appointed in permanent vacancies in the posts of primary teachers. It was the case of the respondents writ petitioners that all of them worked in deputation vacancies for more than one occasion. The Director of Public -Instruction, West Bengal by -his Memo No. 6932 (67) dated. December 19, 1974 issued the following Circular and or direction : Government of West Bengal Education Directorate : Primary Branch Memo No. 6923 (67) From : D. P. I., West Bengal Date 19.12.1974 To District, Inspector of Schools (Pry. Edn.) Subject : Instruction regarding Appointment of teachers serving in Deputation Vacancies. The undersigned has to inform him "that - approved empanelled candidates appointed in deputation vacancies by the Dist. School Board may be absorbed in permanent posts during their Service or within one year of expiry of the deputation term eyen if the validity of the panel where their names occur expires or a fresh panel is prepared in the meantime. Sd/ - S. N. Dasfor D.P.I., West Bengal
(2.) On September 7, 1977, the Government of West Bengal issued an order directing that all panels for appointment of primary teachers would remain inoperative with effect from August 30, 1977 and no appointment would, be made out of them. Further, it was directed that appointments made from the panels after August 30, 1977 would be deemed to be cancelled. By a subsequent Government order dated September 27, 1977, the ban imposed on appointment of primary school teachers was relaxed in case of (a). further appointment on deputation and (b) ultimate absorption in respect of those teachers who had once before been appointed in deputation vacancies from the panel. Again, by a Government order dated January 28, 1978, the previous order dated September 27, 1977 with regard to ultimate absorption of teachers who had once before been appointed in deputation vacancies from the panel was directed to be kept inoperative until further orders. The said order dated January 28, 1978 was, however, withdrawn by the order dated August 36, 1978. Thereafter, the following order dated November 3, 1978, which is the impugned order,, was issued by the Government : Government of West Bengal Education Department Primary Branch. No. 1771 -Edn (P) 9A -2/76 Dated, Calcutta, the 3rd Nov. 1978. From : Shri M. M. Singha Roy Deputy Secretary to the Govt. of West Bengal. To : The Director of Primary Education, West Bengal. Sub : Permanent absorption of Primary School Teachers who worked in deputation vacancies. The undersigned is directed to refer to this Deptt. Memo No. 1496 -Edn (P) dated 30.8.78 on the above subject and to state that the matter has been reviewed by Government and it has been decided that pending Government's full examination of the entire policy regarding ultimate absorption of deputation vacancy teachers on the mode and practice of such absorption, the final absorption of candidates who worked as Primary teachers for one or repair terms in deputation vacancies should be kept suspended until further orders. It is also requested that information wanted in para 2 of this Deptt. Memo No. 1653 -Edn (P) dated 7.10.78 may be furnished in order to examine the issue. Meanwhile this Deptt. G. O. No. 1496 -Edn (P) dated 30.8.1978 referred to above should be treated as cancelled. Sd/ - M.M. Singha Roy, Deputy Secretary. A copy of the impugned order dated November 3, 1978 has been annexed to the writ petition and marked Annexure "F". The respondents -writ petitioners have inter alia challenged the legality of the order (Annexure "F") in the writ petition.
(3.) It appears that a panel was prepared sometime in 1972 -73 and the respondents -writ petitioners were included in the said panel after selection. It is not disputed that the respondents writ petitioners worked and have been working in deputation vacancies from time to time since their empanelment. About 300 candidates were included in the said panel. Of the said 300 candidates, 100 were appointed permanently as primary teachers by the District School Board Hooghly. The remaining 200 candidates were appointed in deputation vacancies from time to time. Out of the said 200 candidates, 152 candidates were permanently appointed. The remaining 67 candidates including the respondents -writ petitioners have not been absorbed in permanent vacancies although they have been working in deputation vacancies since 1973. Instead, on April 24, 1978 applications were invited for the preparation of a fresh panel after selection and thereafter the impugned order was issued. The respondents -writ petitioners claimed that by virtue of the Circular of the Director of Public Instruction, West Bengal, dated December 19, 1974 which has been set out above, it was incumbent upon the District School Board to appoint them permanently to the posts of primary teachers. It was the contention of the respondents -writ -petitioners that the impugned order issued by the Government of West Bengal dated November 3, 1978 suspending the operation of the Circular or direction of the Director of Public Instruction dated December 19, 1974 was illegal, inoperative and void. In the circumstances, the respondents -writ petitioners inter alia prayed for the quashing of the impugned order dated November '&, 1978. They also made other prayers with which, however, we are not concerned in this appeal.;