- (1.) LET affidavit of service filed today be kept on record. This writ application is filed by the writ petitioner for a direction upon the respondent authorities to approve the appointment of the petitioner in the post of assistant teacher in Physical Education of Bagrakote Higher Secondary School, District Darjeeling. Having heard the learned Counsel appearing for the parties as also after considering the facts and circumstances of this case, I find that the petitioner submitted his application for appointment in the post under reference on the occasion of retirement of one Sri Aswini Kumar Das. The Managing Committee of the above school adopted a resolution dated December 16, 2009 for appointment of the petitioner in the post under reference as volunteer teacher. For proper adjudication of this case the above resolution is quoted below :- "Extract of the resolution of the Managing Committee of Bagrakote H.S. School taken agenda No.5. under Misc. head, dated 16/12/09. ------ Agenda No. 5 Misc. (c) Sri Ramchandra Chhetri, M.A. PED has applied for the post of Physical Education teacher in place of Sri Aswinikumar Das as Physical Edn. Teacher. So, his application was read in the meeting and unanimously resolved to appoint him as there is normal vacancy vide D.I. 's Memo No.71/S, dated the Darjeeling the 21st January, 1978, as volunter teacher. The following member present the meeting :- Sri S.M. Tamang (President). " B.N. Sharma (Member). " B.B. Rai (Vice-President). " A.K. Newar (Member). " S.K. Moktan ( " ) " A. Chhetri ( " ) " M. Tamang ( " ) " B. Lepcha ( H/M/Sec.) " Mahindra Chhetri ( Member) " Lokprasad Sharma ( " ) " P.S. Tamang ( " ) " Subodh Chhetri ( " ) Sd.00 S. M. Tamang,
(2.) CHAIRMAN of the meeting. " After perusing the above resolution, I find that simply on the basis of an application the petitioner was appointed as volunteer teacher of the school under reference. According to the learned Counsel appearing for the petitioner, the provisions of the West Bengal School Service Commission Act, 1997 were not applicable in respect of the district of Darjeeling at the material point of time. Even assuming that the above provisions were not applicable in respect of the district of Darjeeling, Rule 28 of the Management Rules, 1969 prescribed procedure for appointment of an assistant teacher in a non-Government recognised educational institution in the State. The above procedure was not followed in case of appointment of the petitioner. Therefore, the petitioner has no legal enforceable right in his favour for approval of his appointment.
(3.) THE law is well-settled now by the Hon 'ble Supreme Court in the case of Secretary, State of Karnataka Vs. Uma Devi (3), reported in 2006(4) S.C.C. 1 and the relevant portions of the above decision are set out below:- " 43. ... ... Therefore, consistent with the scheme for public employment, this Court while laying down the law, has necessarily to hold that unless the appointment is in terms of the relevant rules and after a proper competition among qualified persons, the same would not confer any right on the appointee. ... ... " ;