Amitava Lala, J. - (1.) No affidavit has been filed in spite of the order passed by this court on 03.12.2001. Again, further time is sought for today. There is hardly anything to contradict the statements made in the petition factually when the same is based on the order passed by the District Inspector of Schools (S.E.), Uttar Dinajpur which is under challenge. However, on the basis of repeated prayer made the learned counsel appearing for the State, the court was convinced to extend the time as a last chance on condition of imposition of costs upon the person concerned responsible for non-compliance of the direction of the court. At that juncture, the learned counsel appearing for the State withdrew his prayer by saying that there is no need of filing any affidavit and the court may proceed on the basis of the available records before it.
(2.) The case of the petitioner is that pursuant to the earlier order dated 26.04.2001 in an earlier writ petition passed by justice D.P. Kundu, the District Inspector of Schools (S.E.), Uttar Dinajpur had given hearing to all the parties concerned and came to a conclusion rejecting the prayer of the petitioner which is totally contrary to the observations made by him even in the body of such reasoned departmental order. Such District Inspector of Schools (S.E.) observed that the petitioner was the actual organising staff in the stream of Mathematics. As per the staff pattern, there is a provision of six teachers but, as because the predecessor-in-interest in the office of such authority has wrongly given service to a third party in violating the existing rules, the prayer of the petitioner was not considered. It is also recorded thereunder that such District Inspector of Schools is under suspension. It is specifically recorded that the petitioners is the only Mathematics Teacher and still working in the Madrasa for the interest of the education. He was deprived from his legitimate claim of the post according to staff pattern. The District Inspector of Schools phsically inspected the Madrasha and found him as actual organising staff. His name is recorded in the report of the District Level Inspection Team (D.L.I.T.) Therefore, it is crystal clear that the observations are favouring the petitioner.
(3.) I am sorry to say that even thereafter the inference of such consideration is totally contrary to the observation of the District Inspector of Schools as above. The inference part is quoted herein as follows: "As the Quota of 6 (six) Teaching Staff in the said School has been approved by the previous D.I. of School, this Inspectorate at present has no scope to accord approval of Ghulam Rasul B.Sc. (Math), though the claim of the petitioner is justified, and he has actually been deprived." According to me, whenever a court directs the authority to consider, he should apply his mind in respect of all provisions of law to come to a conclusion in this respect. It cannot be done mechanically. There is a clear direction of the Education Department, Secondary Branch to the Government of West Bengal, under Memo No. 670-Edn(S)/4A-23/Pt.l dated 04.09.1989 that in case of creation of an additional post what has to be done by the District Inspector of Schools. He obtained an approval from Director of School Education for the purpose of creation of additional post. Simply. he cannot reject the prayer. Either he will accord or it will be sent to the Director of School Education. Therefore, the appropriate procedure would have been to seek permission for creation of the post by the District Inspector of Schools before passing such reasoned order or with such reasoned order and on the basis of such approval pass an affirmative order for consideration itself without further wastage of time. Moreover, the District Inspector of Schools being the District authority of the Director of School Education in this Branch can always seek such permission to meet the exigency. Additionally, there cannot be any embargo when it has been jointly stated that the sanctioned post can be created in view of the strength of the students being more than 500.;